Public Order Flashcards
What is BOP?
Breach of Peace
-Common law offence
-Not in itself a criminal offence
-Gives police power of entry & Arrest if BOP taking place
Define BOP
BOP is Committed whenever harm is done or is likely to be done to a person or, in his presence to his property, or when a person is in fear of being harmed through an assault, affray, riot or other disturbance.
What is Section 5 Public order Act 1986?
Uses threatening or abusive words or behaviour, or disorderly behaviour within the hearing or sight of a person or likely to be caused harassment,alarm or distress.
What are the defences to section 5?
-Could not be heard
-Inside dwelling
-Reasonable conduct
Define Section 4a Public order act 1986…..
A person is guilty of an offence, if with intent to cause a person harassment, alarm or distress, he: uses threatening,abusive or insulting words or behaviour or disorderly behaviour or displays any writing sign or other visible representation which is T,A or I, Thereby causing that or another person H,A or D
Section 4 POA 1986
Uses towards another person threatening, abusive or insulting words or behaviour or distributes or displays to another any writing,sign or other visable representation which is threatening, abusive or insulting with INTENT to cause….. finish the definition?
that person to believe that IMMEDIATE unlawful VIOLENCE will be used against him or another by any person to provoke the immediate use of unlawful violence by that person or another or that person is likely to believe violence will be used or is likely to be use or likely that violence will be provoked
What is section 3 POA 1986?
Affray
What is affray?
Using or threatens UNLAWFUL violence towards another & his conduct is such as would cause a PERSON OF REASONABLE FIRMNESS at the scene to fear for his personal safety
What is section 2 POA 1986?
Violent Disorder
What is Violent disorder?
3 or more persons who are present together use or threaten UNLAWFUL VIOLENCE and the conduct of them, is such as would cause a PERSON OF REASONABLE FIRMNESS at the scene to fear for his personal safety
What is section 1 POA 1986?
RIOT
When is something considered a Riot?
Where 12 or more persons present together use or threaten to use UNLAWFUL VIOLENCE for a COMMON PURPOSE and the conduct of them together is such as would cause a PERSON OF REASONABLE FIRMNESS at the scene to fear for his personal safety
What is section 16 OAP 1861?
Threats to kill