Public order Flashcards

1
Q

What year is the Public Order Act?

A

1986

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2
Q

what is the definition of public order?

A

acs that interfere with the operations of society and the ability of people to function efficiently

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3
Q

what does HAD stand for

A

harassment, alarm, distress

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4
Q

what does TAI stand for

A

threatening, abusive, insulting

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5
Q

What is section 1 of the act?

A

riot

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6
Q

what is section 2 of the act?

A

violent disorder

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7
Q

what is section 3 of the act

A

affray

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8
Q

what is section 4 of the act

A

fear or provocation of violence

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9
Q

what is section 4A of the act

A

intention HAD

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10
Q

what is section 5 of the act

A

causing HAD

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11
Q

what Act is drunk and disorderly covered by?

A

Criminal Justice Act 1967

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12
Q

what act is breach of the peace covered by?

A

it is common law!

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13
Q

how many people need to be present for a riot?

A

12 or more

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14
Q

how many people need to be present for violent disorder?

A

3 or more

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15
Q

how many people need to be present for affray?

A

1

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16
Q

definition of affray

A

a person has used or threatened unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear his or her personal safety

17
Q

Does affray apply to people, property or both?

A

people

18
Q

summary conviction for affray

A

6 months and/or fine

19
Q

indictable conviction for affray

A

3 years and/or fine

20
Q

what is the definition of a public place?

A

includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise

21
Q

what is the definition of a dwelling

A

any structure occupied as a persons home or as other living accommodation (whether separate or shared)

22
Q

definition of section 4

A

uses towards another person TAI words or behaviour or distributes or displays any writing, sign or other visible representation which is TAI with INTENT to cause THAT PERSON to believe that immediate use of unlawful violence by that person or another 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 is likely to believe that such violence will be used or it is likely that such violence will be provoked

23
Q

Is there power of entry under section 4?

A

yes

24
Q

does section 4 apply to people, property or both?

A

both

25
Q

definition of section 4a

A

with INTENT to cause a person HAD he uses threatening, abusive or insulting words or baheviou or displays any writing which is TAI

26
Q

Is there power of entry under section 4a?

A

no

27
Q

does section 4a apply to people, property or both?

A

people

28
Q

definition of section 5

A

uses threatening or abusive words or behaviour or disorderly behaviour or displays writing which is TAI within the hearing or sight of a person likely to be caused HAD

29
Q

is there power of entry for section 5

A

no

30
Q

does section 5 apply to people, property or both?

A

people

31
Q

PAW

A

persuade
advise
warn

32
Q

What section and act does racially or religiously aggravated crime come under?

A

Section 28 Crime and Disorder Act 1988

33
Q

definition of racially or religiously aggravated

A

at the time of committing the offence or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victims membership of a racial or religious group

34
Q

what section and act is disability and public order offences?

A

section 146 criminal justice act 2003

35
Q

what section and act is drunk and disorderly?

A

section 91 Criminal Justice Act 1967

36
Q

summary conviction of drunk and disorderly

A

fine not exceeding £1000

37
Q

what is breach of the peace

A

occurs when harm is actually done or is likely to be done to a person or to a persons property in his/her presence or a person is in fear os harm to himself or his property through assault, affray, riot, unlawful assembly or other disturbance - only used in circumstances where no other police law is available