Public order Flashcards
What year is the Public Order Act?
1986
what is the definition of public order?
acs that interfere with the operations of society and the ability of people to function efficiently
what does HAD stand for
harassment, alarm, distress
what does TAI stand for
threatening, abusive, insulting
What is section 1 of the act?
riot
what is section 2 of the act?
violent disorder
what is section 3 of the act
affray
what is section 4 of the act
fear or provocation of violence
what is section 4A of the act
intention HAD
what is section 5 of the act
causing HAD
what Act is drunk and disorderly covered by?
Criminal Justice Act 1967
what act is breach of the peace covered by?
it is common law!
how many people need to be present for a riot?
12 or more
how many people need to be present for violent disorder?
3 or more
how many people need to be present for affray?
1
definition of affray
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
Does affray apply to people, property or both?
people
summary conviction for affray
6 months and/or fine
indictable conviction for affray
3 years and/or fine
what is the definition of a public place?
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
what is the definition of a dwelling
any structure occupied as a persons home or as other living accommodation (whether separate or shared)
definition of section 4
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
Is there power of entry under section 4?
yes
does section 4 apply to people, property or both?
both