Public Order Flashcards
What is Section 3 - Public Order Act
Affray
What is Section 1 - Public Order Act 1986
Riot
What is Section 2 - Public Order Act 1986?
Violent Disorder
What is Section 4 - Public Order Act 1986?
Fear and Provocation of Violence
Section 4A - Public Order Act 1986?
Intentional Harassment, Alarm or Distress
What is Section 5 - Public Order Act 1986?
Harassment, Alarm or Distress
What are the points to prove for Affray? (6)
• Used/Threatened
• Unlawful Violence
• Towards Another
• And his/her conduct was such as would cause
• A person of reasonable firmness
• To fear for personal safety
What is important to remember about the intent of Section 3 - Affray
The suspect must have INTENDED to use or threaten violence; or have been aware that his conduct may be violent or may be threaten violence
How many people are needed for a Section 1 riot?
12 or more persons present together for a common purpose to use or threaten unlawful violence
How many people are required for a Section 2 violent disorder?
Where 3 or more persons are present together use or threaten unlawful violence
How many people are needed for a riot?
12 or more
What defences are here for a riot?
- Non self induced intoxication
- Medication
How many people are needed for violent disorder?
3 or more
For affray what is the minimum amount of people needed for the offence?
Minimum of 1 person offence
For affray what must the violence be directed towards?
A person - NOT PROPERTY
Must a reasonable person be present for affray?
No - But someone else must be present, there must be a victim
With public order offences, what is a ‘person of reasonable firmness’ ?
Defendant’s conduct would have caused a ‘hypothetical bystander’ of reasonable firmness to fear for their personal safety IF they had been present at the scene
- Eg – IF a member of the Jury had been present would they have feared for their safety? If yes – test met
What is the exemption for s4 Public Order?
The offence is not complete if BOTH parties are in either:
- The SAME DWELLING
- Or DIFFERENT DWELLINGS
Exam Trip Up – Communal landings DO NOT form part of a dwelling
What are the 3 defences for s5 Public Order?
1 - DWELLING EXCEPTION / DEFENCE
2 – CONDUCT WAS REASONABLE
3 – BELIEF NO-ONE WITHIN SIGHT OR
HEARING LIKELY TO BE CAUSED H-A-D
