PUBLIC ORDER Flashcards
section 1 of public order act 1986
riots
- 12 or more people
section 2 of public order act 1986
violent disorder
- 3 or more people
- who are present together
- use or threaten unlawful violence
- and would cause a person of reasonable firmness present at the scene
section 3 of public order act 1986
affray
- uses/threatens unlawful violence towards another
- and would cause a person of reasonable firmness present at the scene to fear for his personal safety
- no person of reasonable firmness need actually be present at the scene
section 4 of public order act 1986
fear or provocation of violence
- a person uses towards another person threatening, abusive or insulting words or behaviour, or
- distributes or displays to another person any writing sign or other visible representation which is T.A.I
- section 4 kick down the door
- in the words of matt, “fuck you, i’m going to hit you with a hammer”
section 4a of public order act 1986
intentional harassment, alarm or distress - intentional (H.A.D) -
- with intent to cause a person harassment, alarm or distress through:
- uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
- displays any visible representation which is threatening, abusive or insulting,
- thereby causing that or another person harassment, alarm or distress.
- in the words of matt, “fuck you”
defences of section 4 and 4a public order act
- inside a ‘dwelling’ and had no reason to believe the words/behaviour used or the visible representation displayed would be heard/seen by person outside that or any other dwelling
- his/her conduct was reasonable
section 5 of public order act 1986
H.A.D
- uses threatening words or behaviour, or disorderly behaviour, or
- displays any visible representation which is threatening
- within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
- in the words of matt, “fuck off”
defences of section 5 of public order act 1986
- inside a ‘dwelling’ and had no reason to believe the words/behaviour used or the visible representation displayed would be heard/seen by person outside that or any other dwelling
- his/her conduct was reasonable
- no reason to believe that person within hearing or sight was likely to be caused H.A.D
what to use instead of a warning (P.A.W)
P.A.W
- persuade
- advise
- warn