Public Order Flashcards
Reasonble Force under The Criminal Law Act 1967
and PACE 1985
Absolutely necessary for a purpose permitted by law
the amount of force used must also be reasonable and proportionate
Use of force Section 76(7) of the Criminal Justice and Immigration Act 2008
- that a person acting for a legitimate purpose may not be able to weigh to a nicety the exact measure of any necessary action
- that evidence of a person’s having only done what the person honestly and instinctively thought was necessary for a legitimate purpose constitutes strong evidence that only reasonable action was taken by that person for that purpose.
What is a dwelling for the purpose of public order?
- Any structure, or part of a structure, occupied as a person’s home or as other living accommodation
- Structure for this act is any permanent structure AND includes any temporary or moveable structure such as a tent, caravan, vehicle or vessel.
SEC5 public order ?
Uses threatening or abusive words or behaviour, or disorderly behaviour, or
Displays any writing, sign or other visible representation which is threatening or abusive
Within the hearing or sight of a person likely to be caused harassment, alarm or distress.
Do you need to give a warning before arrest
no however its good practice
Defences for SEC public order
Had no reason to belive anyone with in hearing or sight would be cause distress / alarm.
they thought the conduct was reasonble
They were inside a dwelling and had no reason to think others could hear / see
Section 4a public order intent
A person is guilty of this offence if he/she:
With intent to cause a person harassment, alarm or distress;
Uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
Displays any writing, sign or other visible representation which is threatening abusive or insulting.
Thereby causing another person harassment, alarm or distress.
Section 4 Fear or Provocation of Violence
A person is guilty of this offence if he/she:
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 threatening abusive or insulting…
With intent to cause that person to believe that immediate unlawful violence will be used against them by any person
To provoke the immediate use of unlawful violence by that person or another person, or
Whereby that person is likely to believe that such violence will be used, or
It is likely that such violence will be provoked
Section 4 - Power of Entry
There is a preserved power of entry under section 17 of PACE to deal with this offence.
Section 4, go through the door
Can you have an Affray inside a dwelling?
Yes
Section 2 - Violent Disorder
Three or more persons who are present together use or threaten unlawful violence.
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/her personal safety.
Section 1 - Riot
Where twelve or more persons who are present together
Use 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/her personal safety.
