Public Order Flashcards
Definitions of public order
The Open University describes public order as being the ‘lack of public disorder’.
It involves people behaving sensibly and rationally, and respecting others. (Police and Public Order – Open University and Metropolitan Police Authority 2009)
In criminology it is defined by Siegel (2004) as:
Crime which involves acts that interfere with the operations of society and the ability of people to function efficiently, i.e., it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs. (Studyres.com)
Which legislation defines the meaning of ‘racially and religiously aggravated’?
The Crime and Disorder Act 1998.
What are the offences under POA 1986 from most to least serious?
S.1 Riot.
S.2 Violent disorder.
S.3 Affray.
S.4 Fear or provocation of violence.
S.4A Intentional harassment, alarm or distress.
S.5 Harassment, alarm or distress.
What is a dwelling?
‘Dwelling’ means any structure or part of a structure occupied as a person’s home or as other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied, and for this purpose ‘structure’ includes a tent, caravan, vehicle, vessel or other temporary or movable structure.
What is a dwelling?
‘Dwelling’ means any structure or part of a structure occupied as a person’s home or as other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied, and for this purpose ‘structure’ includes a tent, caravan, vehicle, vessel or other temporary or movable structure.
What are possible defences for POA?
A defence specifically used for Section 5 offences is that the suspect had no reason to believe there was anyone within sight or hearing likely to be caused HAD.
Remember that all suspects of public order offences must be treated as sober – intoxication through drink and drugs is not a defence.
With regards to offences under Sections 4A and 5 that take place within a dwelling, the accused may use the defence that they had no reason to believe the words or behaviour or writing, sign or visible representation would be seen outside of that or any other dwelling.
Finally, a common defence for POA offences is that the suspect believes that their conduct was reasonable.
HAD
Harassment, Alarm or distress
How does s28 of CDA 1988 define racial groups?
Section 28 of the the Crime and Disorder Act 1998 defines a ‘racial group’ as:A group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.
S5 POA 1986
Section 5 covers harassment, alarm or distress. In summary, it states:
(1) A person is guilty of an offence if he—
(a) uses threatening or (abusive) words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening (or abusive),
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(3) It is a defence for the accused to prove—
(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c) that his conduct was reasonable.
S4A POA 1986
Section 4A covers intentional harassment, alarm or distress. In summary, it states:
(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
thereby causing that or another person harassment, alarm or distress.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling.
(3) It is a defence for the accused to prove—
(a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(b) that his conduct was reasonable.
(5) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
s4 POA 1986
Section 4 covers fear or provocation of violence. In summary, it states:
(1) A person is guilty of an offence if he—
(a) uses towards another person threatening, abusive or insulting words or behaviour, or
(b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,
with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
s3 POA 1986
Section 3 covers affray. In summary, it states:(1) A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
(2) Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
(3) For the purposes of this section a threat cannot be made by the use of words alone.
(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5) Affray may be committed in private as well as in public places.
(7) A person guilty of affray is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
s2 POA 1986
Section 2 covers violent disorder. In summary, it states:
(1) Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
(2) It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously.
(3) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(4) Violent disorder may be committed in private as well as in public places.
(5) A person guilty of violent disorder is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
s1 POA 1986
Section 1 covers riot. In summary, it states:
(1) Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.
(2) It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously.
(3) The common purpose may be inferred from conduct.
(4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5) Riot may be committed in private as well as in public places.
(6) A person guilty of riot is liable on conviction on indictment to imprisonment for a term not exceeding ten years or a fine or both.
Riots
Under Section 1, the participants in a riot offence do not have to simultaneously threaten violence. However, the courts have determined that each individual must have used violence (R v Jefferson 1994), or at least be aware that their conduct may have been violent to be guilty of an offence.
