Public Order

Question 1

Breach of the Peace

Answer 1

Harm is done to a person or harm is likely to be done to a person
Harm is done to his property or is likely to be done to his property
Whenever a Person is in fear of being harmed through Assault, Riot or other disturbance

ARREST MAY OCCUR WHEN

A BoP is committed in their presence
A BoP is reasonably believed to be committed in the immediate future
A BoP has been committed and you reasonably believe a renewal of it is threatened

Question 2

Where can s.5, s.4a and s.4 be committed?

Answer 2

Public OR Private -

NOT when single/multiple person dwelling with NO LIKELIHOOD of affecting others in public

Question 3

s.5:

Answer 3

Commits an offence if they use:
THREATENING or ABUSIVE
WORDS or BEHAVIOUR
or DISORDERLY BEHAVIOUR

OR

DISPLAY any writing, sign or other visible representation which is T or A

within the hearing / sight of a person LIKELY to be caused
HARASSMENT, ALARM or DISTRESS

Question 4

s5 Defences:

Answer 4

• No reason to believe any person within hearing or sight who was likely to be caused H/A/D
• Conduct was reasonable
• Whilst in a dwelling had reason to believe that words/ display would not be seen/ heard by person outside that dwelling
• (s.5 CANNOT be committed simply when someone swears or verbally abuses a Police Constable when there are no other agg factors or other parties present)

Question 5

s.4A:

Answer 5

A person commits an offence if
WITH INTENT
to cause a person HARASSMENT, ALARM OR DISTRESS
they use THREATENING, ABUSIVE or INSULTING WORDS
or disorderly behaviour
OR
display any writing, sign or visible representation which is T/A/I
THEREBY CAUSING that or ANOTHER PERSON
H/A/D

(KEY POINT FO s.4A - suspect INTENDS conduct to be T/A/I AND to cause H/A/D)

Question 6

s.4:

Answer 6

A person commits an offence if he uses
TOWARDS ANOTHER PERSON
T/A/I words or behavior
OR
distributes/ displays to another person any writing, sign or other visible representation which is T/A/I
WITH INTENT TO CAUSE that person to believe that
IMMEDIATE UNLAWFUL VIOLENCE will be used against him or another

OR

TO PROVOKE THE IMMEDIATE USE of unlawful violence by that person or another

OR

whereby a person is likely to believe that such violence will be used or it is likely that such violence will be provoked

Question 7

s3:

Answer 7

A person is guilty of AFFRAY if he
USES or THREATENS UNLAWFUL VIOLENCE towards ANOTHER
and his conduct is such as would cause
A PERSON OF REASONABLE FIRMNESS
PRESENT at the scene
to FEAR for his personal safety

(can be committed by 1 or more)
(must be conduct beyond the use of words)

Question 8

s.2:

Answer 8

Where 3 or more persons
PRESENT TOGETHER
USE or THREATEN unlawful violence
and the conduct of them (taken together)
would cause a person of reasonable firmness, present at the scene
to fear for their own safety
EACH person using/threatening is guilty

Question 9

s.1:

Answer 9

Where 12 or more persons who are PRESENT TOGETHER
USE or THREATEN UNLAWFUL VIOLENCE
for a COMMON PURPOSE
and the conduct of them taken together
is such as would cause a person of reasonable firmness present at the scene
to FEAR for his own personal safety