Public Order

Question 1

What is Section 3 - Public Order Act

Answer 1

Affray

Question 2

What is Section 1 - Public Order Act 1986

Answer 2

Riot

Question 3

What is Section 2 - Public Order Act 1986?

Answer 3

Violent Disorder

Question 4

What is Section 4 - Public Order Act 1986?

Answer 4

Fear and Provocation of Violence

Question 5

Section 4A - Public Order Act 1986?

Answer 5

Intentional Harassment, Alarm or Distress

Question 6

What is Section 5 - Public Order Act 1986?

Answer 6

Harassment, Alarm or Distress

Question 7

What are the points to prove for Affray? (6)

Answer 7

• 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

Question 8

What is important to remember about the intent of Section 3 - Affray

Answer 8

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

Question 9

How many people are needed for a Section 1 riot?

Answer 9

12 or more persons present together for a common purpose to use or threaten unlawful violence

Question 10

How many people are required for a Section 2 violent disorder?

Answer 10

Where 3 or more persons are present together use or threaten unlawful violence

Question 11

How many people are needed for a riot?

Answer 11

12 or more

Question 12

What defences are here for a riot?

Answer 12

• Non self induced intoxication
• Medication

Question 13

How many people are needed for violent disorder?

Answer 13

3 or more

Question 14

For affray what is the minimum amount of people needed for the offence?

Answer 14

Minimum of 1 person offence

Question 15

For affray what must the violence be directed towards?

Answer 15

A person - NOT PROPERTY

Question 16

Must a reasonable person be present for affray?

Answer 16

No - But someone else must be present, there must be a victim

Question 17

With public order offences, what is a ‘person of reasonable firmness’ ?

Answer 17

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

Question 18

What is the exemption for s4 Public Order?

Answer 18

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

Question 19

What are the 3 defences for s5 Public Order?

Answer 19

1 - DWELLING EXCEPTION / DEFENCE

2 – CONDUCT WAS REASONABLE

3 – BELIEF NO-ONE WITHIN SIGHT OR
HEARING LIKELY TO BE CAUSED H-A-D