Public Order

Question 1

List the x7 Sections of Public Order Act 1986

Answer 1

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

Question 2

Define Public Order Act 1986 offence

Answer 2

Crime which involves acts that interfere with the operations of society and the ability of people to function efficiently.

Question 3

Explain a binding order

Answer 3

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.

Question 4

Define breach of peace

Answer 4

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.

Question 5

In relation to breach of peace, when can a constable arrest without a warrant?

Answer 5

• 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.

Question 6

Explain Police Power to enter premises in relation to Breach of Peace

Answer 6

• 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.

Question 7

What other police power can be used to enter premises in relation to BOP?

Answer 7

Section 117 PACE - to save life or limb/prevent serious damage to property

Question 8

Explain Section 5 Public order act 1986

Answer 8

• 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.

Question 9

What are the key points of Section 5 Public Order Act 1986 Disorderly Conduct

Answer 9

• 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

Question 10

What are defences of Section 5 Public Order Ac t 1986 Disorderly Conduct?

Answer 10

• Could not be heard

-Inside a dwelling

-Reasonable conduct

Question 11

What does Section 4A Public Disorder Act 1986 relate to?

Answer 11

Harassment
Alarm
Distress
WITH INTENT

Question 12

What are the key points of Section 4A Public Disorder Act 1986? (HAD)

Answer 12

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

Question 13

What are the points to prove of Section 5 Public Order Act 1986? Disorderly Conduct.

Answer 13

Public Place (not between 2 dwellings)

Displays/Uses Threatening/Abusive Words

Behaviour: Disorderly

Within Sight/Hearing Person likely to cause HAD (Harassment, Alarm, Distress).

Question 14

What are the points to prove of Section 4A Public Order Act 1986? Harassment, Alarm, Distress.

Answer 14

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)

Question 15

Give an example of type of conduct relating to Section 4 Public Order Act 1984 Fear of Violence

Answer 15

Threat of violence against ambulance staff

Question 15

What are the key features of Section 4 Public Order Act 1984?

Answer 15

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

Question 16

Explain Section 3 Public Order Act 1986
Affray

Answer 16

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

Question 17

Who are the x3 parties involved in an affray?

Answer 17

The person making the threats

The person subject to threats

At least x1 bystander

Question 18

Explain Section 2 Public Order Act 1986
Violent Disorder

Answer 18

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

Question 19

Explain Section 1 Public Order Act 1986
Riot

Answer 19

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.

Question 20

Break down difference between Riot, Disorder, and Affray

Answer 20

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

Question 21

What is Section 16 Offences Against People Act 1861?

Answer 21

Threats to Kill.

Intends person would fear act carried out.