PUBLIC ORDER

Question 1

Where can a breach of the peace occur?

Answer 1

Anywhere; Private or public.

Question 2

When can a person who has committed a breach of the peace be released?

Answer 2

As soon as it is deemed that the risk of a BOP no longer exists. Unless CPS decide to take action to reduce risk and issue a “binding-over order”.

Question 3

What does a binding-over order, which is issued by a magistrates court when further action is required to ensure there is no further breach of the peace contain?

Answer 3

-An agreement to pay a fine of the suspect is brought back to court for for another BOP
-Keep the peace for a specified time.

Question 4

What is section 1 of the Public Order Act 1986?

Answer 4

S1 - Riot

Question 5

What is section 2 of the Public Order Act 1986?

Answer 5

S2 -Violent disorder

Question 6

What is section 3 of the Public Order Act 1986?

Answer 6

S3 - Affray

Question 7

What is section 4 of the Public Order Act 1986?

Answer 7

S4 - Fear or provocation of violence

Question 8

What is section 4a of the Public Order Act 1986?

Answer 8

S4a- intentional harassment, alarm or distress

Question 9

What is section 5 of the Public Order Act 1986?

Answer 9

S5- non intentional harassment, alarm or distress.

Question 10

Is intoxication a defence for a suspect accused a public order offence?

Answer 10

No.
Note- The public order act specifically states that intoxication is not a defence unless; the intoxication was not self induced (spiking)
Or
Was caused through taking prescribed medicine.

Question 11

A public order offence has been committed in a shared laundry area in a block of flats which is a communal area, can public order be proven in this case despite this area being private?

Answer 11

Yes this can be proven.
Sections 4, 4a and 5 are for the most part only committed in a public place, however, they can still be committed in private under certain conditions.
(See Le Vine vs. DPP 2010)

Question 12

Can a public order offence be committed in the confines of a private place I.E a dwelling which has caused someone outside of the property on the street to be alarmed or distressed?

Answer 12

Yes.

Question 13

If a person attaches an offensive poster to their window, which offends a person in the public street outside has a public order offence been committed?

Answer 13

Yes as it is in public view.

Question 14

If a person attaches an offensive poster to a side window in their home and it causes alarm and distress to someone in the dwelling next door, has a public order offence occurred?

Answer 14

No. Dwelling to dwelling does not count for public order. But other legislation is available for these circumstances.

Question 15

Can sections 4, 4a and 5 be racially aggravated?

Answer 15

Yes.

Question 16

For section 5 of the public order act does the suspects conduct have to be directed towards anyone?

Answer 16

No it does not have to be directed, if it is directed towards someone, consider 4a.

Question 17

For section 5 of the public order act. Does the disorderly conduct have to take place in the presence of someone who can see or hear it?

Answer 17

Yes but the person does not need to be “identifiable”.

Question 18

For section 5 of the public order act is there any need to prove that the suspect actually intended to cause somebody alarm or distress?

Answer 18

No there is no need to prove the intent, it is enough that their actions would cause somebody alarm or distress.
(Would your nan be alarmed or distressed)

Question 19

Name the 3 defences for public order section 5, 4a and 4.

Answer 19

-That they had no reason to believe that anybody could see/hear his conduct.
-they had no reason to believe, whilst in a dwelling, that anybody outside could hear them.
-That his conduct was reasonable.

Question 20

BARRY is at home when he sees a group of youths outside his home vandalising a sign in the street, he opens his door and shouts at them to “fuck off, or he’ll come down and smash their heads in!” The group of youths flee and BARRY is later arrested for a public order offence, does he have a defence?

Answer 20

Yes Barry may have a defence as the court may find that his actions were reasonable in scaring the youths away.

Question 21

For a section 4 public order offence, must the person receiving the threatening, abusive, insulting words or behaviour actually have to fear the act?

Answer 21

No, it is enough that the suspect INTENDED to cause the fear. It is not needed to prove the victim actually feared.
(Imagine a bouncer who knows MMA not fearing a drunken customer threatening him).

Question 22

For section 4 of the public order act. If the suspects threat to a victim involved them not actually carrying out the threat but it being done by somebody else can this offence still be proven?

Answer 22

Yes. The threat is enough.

Question 23

How many people have to be involved in an affray?

Answer 23

One person is sufficient.
(If two or more their actions taken together must be considered)

Question 24

Can an affray occur with just words? Or does affray have to have a physical threat of violence or use of violence.

Answer 24

For affray the use of words alone are not sufficient. The suspect must intend to use or threaten violence.

Question 25

In affray, can the use or threat of violence be directed towards property?

Answer 25

No the use or threat of violence must be directed towards a person.

Question 26

If somebody is pushing and shoving people in the street would this be an example of affray?

Answer 26

Yes.

Question 27

In affray must there be a bystander present at the scene?

Answer 27

Yes. At least one bystander must be present.

Question 28

If there is only one bystander present at the scene of an affray and they do not fear for their safety whilst witnessing an affray, can an affray be proven?

Answer 28

Yes an affray can still be proven. The court will gauge whether or not a hypothetical person of “reasonable firmness” would fear for their safety.

Question 29

For a violent disorder (s2) how many persons must be present together using or threatening to use unlawful violence?

Answer 29

Three or more persons.

Question 30

Does a common purpose have to held by the individuals who are threatening to use or using unlawful violence?

Answer 30

No. They do not need to have a common purpose, but they must be present together.

Question 31

Where can sections 1, 2 and 3 of the public order act be committed?

Answer 31

Public and private.

Question 32

How many people must be present together in a section 1 public order offence?

Answer 32

12 or more persons.

Question 33

In a section 1 public order offence must the actions of the people present together serve a common purpose?

Answer 33

Yes.

Question 34

At a nightclub a bouncer pushes a female customer out of the door where and she fell over as a result of the push. There are no witnesses to the incident Mc and no cctv footage. Is affray an appropriate charge for the bouncer?

Answer 34

No. Affray would not meet this criteria.
(See R v Plavecz 2002 affray charge quashed because incident was one on one, no bystander present).

Question 35

Violence threatened in section 4 of the public order act must be immediate, true or false?

Answer 35

True. The violence threatened must be immediate.

Question 36

You have power of entry to enter a property for a section 5 public order offence, true or false?

Answer 36

False, the offence is triable by summary only and therefore have no power of entry.

Question 37

You have power of entry for sections 4, 4a, 3,2 and 1 true or false?

Answer 37

True.

Question 38

In the new sections of the public order act which cover offences for locking on during protests etc. explain what sections 1,2 &7 are.

Answer 38

S1 locking on
S2 going equipped to lock on
S7 interfering with national infrastructure