Public Order

Question 0

You are having dinner at home and can hear lots of swearing from within your neighbours house next door.

You can’t hear the swearing from outside though, is there a public order offence and if so, what ?

Answer 0

No

No public order when dwelling to dwelling.

Question 1

“Intentionally causing harassment, alarm or distress” is covered by which public order act 1986

Answer 1

Section 4a

Question 2

Which public order offences give you a power of entry ?

Answer 2

Section 4 Public Order Act 1986 under Section 17 of PACE

Question 3

Define BoP

Answer 3

There is a breach of peace whenever / wherever:

a) harm is ACTUALLY done, or is LIKELY to be done, to a person, whether by the conduct of the person against whom a Breach of the Peace is alleged or by someone whom it provokes
b) harm is ACTUALLY done, or is LIKELY to be done to a person’s property in his presence
c) a person is GENUINELY IN FEAR of harm to himself or his property in his presence, as a result of an assault, affect, riot, unlawful assembly or other disturbance

Public or private

Question 4

Can section 3 Public Order (Affray) offence be committed with the use of words alone ?

Answer 4

No

There must also be a physical gesture