Public Order Flashcards
List the x7 Sections of Public Order Act 1986
S1 - RIOT
S2 - VIOLENT DISORDER
S3 - AFFRAY
S4 - INTENTIONAL FEAR OF PROVOCATION OF VIOLENCE
S4A - HARRASSMENT, ALARM, DISTRESS
S5 - DISORDERLY CONDUCT
BREACH OF THE PEACE
COMMON LAW OFFENCE
BREACH OF QUEENS PEACE
Define Public Order Act 1986 offence
Crime which involves acts that interfere with the operations of society and the ability of people to function efficiently.
Explain a binding order
After arrest for breach of peace magistrate can issue binding order.
Has to keep peace at specific times or will have to pay financial penalty.
Define breach of peace
Breach of peace is committed whenever harm is done,
Or is likely to be done to a person
Or in his presence done to his property
Or when a person is in fear of being harmed through an assault, affray, riot, or other disturbance.
In relation to breach of peace, when can a constable arrest without a warrant?
- BOP is committed in their presence
-PC believes a BOP will be committed in immediate future - BOP has been committed and reasonably beliveved will be a renewal of it.
Explain Police Power to enter premises in relation to Breach of Peace
- PC can enter and remain on private or public premises to deal with BOP
- Right of entry is not absolute and must be weighed against the degree of disturbance
- PC must not remain on premises once BOP has finished and not likely to re-occur.
What other police power can be used to enter premises in relation to BOP?
Section 117 PACE - to save life or limb/prevent serious damage to property
Explain Section 5 Public order act 1986
- Person uses threatening or abusive words or behaviour
- Disorderly behaviour within hearing or sight of person
-Likely to cause harassment, alarm, distress
-Display of writing, sign which is threatening, abusive, likely to cause harassment, alarm or distress.
What are the key points of Section 5 Public Order Act 1986 Disorderly Conduct
- Does not have to be aimed at specific person
- Has to take place in presence of someone who can see/hear conduct
- Needs to be likely to cause HAD
-Does not include Dwelling
What are defences of Section 5 Public Order Ac t 1986 Disorderly Conduct?
- Could not be heard
-Inside a dwelling
-Reasonable conduct
What does Section 4A Public Disorder Act 1986 relate to?
Harassment
Alarm
Distress
WITH INTENT
What are the key points of Section 4A Public Disorder Act 1986? (HAD)
Suspect has to INTEND conduct to cause HAD
At least x1 person must be caused HAD
Doesn’t have to be aimed at specific person
Can not be inside a dwelling
What are the points to prove of Section 5 Public Order Act 1986? Disorderly Conduct.
Public Place (not between 2 dwellings)
Displays/Uses Threatening/Abusive Words
Behaviour: Disorderly
Within Sight/Hearing Person likely to cause HAD (Harassment, Alarm, Distress).
What are the points to prove of Section 4A Public Order Act 1986? Harassment, Alarm, Distress.
Public Place (not between two 2 dwellings)
Displays/Uses Threatening/Abusive/Insulting words
Behaviour: Disorderly
Intention to cause person H.A.D
Causes someone H.A.D (Must have a complainant)
Give an example of type of conduct relating to Section 4 Public Order Act 1984 Fear of Violence
Threat of violence against ambulance staff
What are the key features of Section 4 Public Order Act 1984?
Conduct directed towards a specific person
Material is distributed + displayed
Intent to cause person to believe immediate unlawful violence will be used against them
Provoke immediate use of unlawful violence
Includes violence towards property
Public or private, not in dwelling
Explain Section 3 Public Order Act 1986
Affray
A threat of violence that needs to be capable of upsetting others.
Objective of law if to protect general public around affray.
Person threatens unlawful violence against another + his threats cause person present at scene to fear for their safety
Who are the x3 parties involved in an affray?
The person making the threats
The person subject to threats
At least x1 bystander
Explain Section 2 Public Order Act 1986
Violent Disorder
X3 or more persons present together
Use or threaten unlawful violence
And the conduct of them
Would cause a person of reasonable firmness present to fear for their own safety
Explain Section 1 Public Order Act 1986
Riot
12 or more persons present together
Use or threaten unlawful violence
For a Common Purpose
And conduct of them together
Would cause person of reasonable firmness present at scene to fear for their own safety.
Break down difference between Riot, Disorder, and Affray
RIOT - Large fight between football gang
DISORDER - Smaller fight between two families in pub
AFFRAY - Two people fighting in beer garden in front of children
What is Section 16 Offences Against People Act 1861?
Threats to Kill.
Intends person would fear act carried out.
