Public Order

Question 1

Public Order Act 1986

Answer 1

Absence of disorder

“Acts that interfere with the operations of society and the ability of people to function efficiently”

Public Order:
unlawful violence - physical, mental, H/A/D, insulting. Offend person of reasonable firmness.

Question 2

Section 1 Public Order Act 1986 RIOT

Answer 2

Section 1 - Riot

Must be proved that:

12+ People, present together
used or threatened unlawful violence for a common purpose.

Conduct such that a person of reasonable firmness, present feared for safety.

Question 3

Section 2 Public Order Act 1986 Violent Disorder

Answer 3

Section 2 Violent Disorder

3+ Present or together
Used or threatened unlawful violence.

So that the conduct of them would cause a person of reasonable firmness would fear for personal safety.

Question 4

Section 3 Public Order Act 1986
Affray

Answer 4

Section 3 Affray

One or more person, used threats for unlawful violence towards another.

Conduct would cause a person of reasonable firmness, present at the scene.

To fear for personal safety, more people involved.

Question 5

Section 4 Public Order Act 1986

Fear or provocation of violence.

Answer 5

Section 4 Fear or Provocation of Violence.

Violence towards another person, T.A.I words or behavior or distributes , displays to another person, any writing, sign or visual representation.

Intent to cause person immediate unlawful violence, provoke or cause person to believe will occur.

• Limited to belief it would occur.

Defences: Dwelling inside - no reason to believe that words would be heard. Reasonable Conduct

Question 6

Section 4A Public Act 1986

Intentional Harassment, Alarm and Distress

Answer 6

Section 4A Intentional H/A/D

A person is guilty if: Intent to cause H/A/D

• Threatening, abusive, insulting or to be disorderly behaviour.
• Displays any writing, sign or other visual representation.
• Has to have another person.

Same defences as section 4

Question 7

Section 5 Disordery Behaviour Public Act 1986

Answer 7

Section 5 Disorderly Behaviour

Person guilty if:
Abusive words, behaviour or disorderly behaviour.

Displays any writing, sign or visible representation which if seen or heard will cause a person H/A/D

Defence - No reasonable person likely to be offended. Reasonable or inside a dwelling.

S5 - no requirement for warning.
Persuade, Advise, Warn, Neccessity S24 PACE

ASB - NO H/A/D
Witness - must have evidence of H/A/D

Question 8

Section 28 Crime and Disorder Act 1988

Racial or Religious

Answer 8

Section 28 - Racial or religious

S31 - Acts intended or likely to stir up behaviour.

S18 - Treating, abusive or insulting behaviour or displays any written representation.

S19 Publishes or displays written.

Question 9

S146 Criminal Justice Act 2003

Answer 9

S146

Increase in sentences for aggravation related to disability, sexual orientation or transgender identity.

Question 10

S91 Criminal Justice Act 1967

Drunk and Disorderly

Answer 10

Any person in a public place while using drunk and disorderly behaviour.

Summary £1000 pound fine