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NIE 2024 > Public Order > Flashcards

Public Order Flashcards

1
Q

Where can a Riot, Violent Disorder or Affray take place? (2 Answers)

A

In public, or a private place

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2
Q

Does a person of reasonable firmness have to be present at the scene, or likely be present for an offence of Riot, Violent Disorder or Affray? (Y/N)

A

No.

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3
Q

What is the person of reasonable firmness test?

A

Where hypothetically, a bystander would fear for their own personal safety.

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4
Q

Can a police officer give evidence as to wether they believe a person of reasonable firmness would fear for their safety?

A

Yes - But the court must then apply the objective test to determine if a person of reasonable firmness would fear for their own safety.

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5
Q

If someone of an especially sensitive nature fears for their safety (Regarding Riot, Violent Disorder and Affray), would this make the defendant guilty?

A

No, a person of reasonable firmness test must be applied.

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6
Q

If a witness to Riot, Violent Disorder, or Affray is a person who can “Handle themselves” and does not fear for their safety, does this make the defendant not guilty?

A

No, the objective test needs to be applied.

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7
Q

Regarding the public order act, what offences can unlawful violence towards PROPERTY are there? (3 Answers)

A
  1. Riot
  2. Violent Disorder
  3. Section 4 Public order
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8
Q

Regarding the public order act, what offences can violent conduct towards PERSONS are there? (3 Answers)

A
  1. Riot
  2. Violent Disorder
  3. Affray
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9
Q

What are the 2 Special Defences to the offences of Riot, Violent Disorder and Affray?

A
  1. Non self-induced intoxication
  2. Intoxication caused by a substance administered during medical treatment.
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10
Q

How many people are required to commit the offence of affray?

A

1 or more.

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11
Q

Is there a need for common purpose regarding multiple people committing an affray?

A

No - it can be for multiple purposes.

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12
Q

Within the offence of Affray, the threats/conduct needs to be capable of …. ?

A

Affecting others.

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13
Q

Can someone commit an affray by just making a threat by words? (Y/N)

A

No - It must be accompanied by conduct was well.

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14
Q

If there is no possibility of a hypothetical person being able to be physically present at the scene, can an offence be committed? (Y/N)

A

No.

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15
Q

Does a person have to be present for the offence of Affray to be committed? (Y/N)

A

YES

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16
Q

Regarding S.4 Public Order, fear or provocation of violence, what are the two Prohibited Actions

A
  1. Uses words or behaviour that are threatening insulting or abusive.
  2. Displays writing, signs or visible representation that are insulting, abusive or threatening.
17
Q

Regarding S.4 Public Order, does the conduct have to be intentional?

A

Yes/They are aware the conduct will likely be threatening abusive or insulting.

18
Q

Regarding S.4 POA, what are the intended consequences?

A
  1. That unlawful IMMEDIATE violence would be used against the victim or anybody else
  2. The intended to provoke unlawful violence towards the victim or anybody else
  3. That the victim was LIKELY to believe immediate violence against them or another
  4. That it LIEKLY that unlawful use of immediate violence will be provoked.
19
Q

Regarding S.4 POA, is there a need to prove that the victim believed that the immediate violence would be used? (Y/N)

A

No.

20
Q

Regarding S.4 POA, does the violence have to be instantaneous? (Y/N)

A

No, it can be slightly in the future, but not a long way off.

21
Q

Where can S.4 POA happen? (2 answers)

A

In public and private.

22
Q

Regarding S.4 Public order, can this offence occur if two people are in the same dwelling, or different dwellings? (Y/N)

A

No

23
Q

Does a dwelling include back gardens for the POA? (Y/N)

A

No.

24
Q

Are dwellings for the purpose of the POA and buildings for the purpose of the Theft act the same? (Y/N)

A

No, for example a tent may be classified as a dwelling for the POA, but it is not a building for the purpose of the Theft act.

25
Q

Can a Police Officer be a victim of S.4A public order? (Y/N)

A

Yes - But it must go beyond what they would encounter during their normal duties.

26
Q

Where can 4.A POA be committed?

A

In Public or private

27
Q

What are there three defences for S.4A POA?

A
  1. Dwelling Offence
  2. Defendant thought their conduct was Reasonable
  3. The belief that the defendant thought they could not be seen or heard (DEFENDANT BE IN A DWELLING)
28
Q

If, Regarding s.4A POA - the defence can prove beyond the BALANCE OF PROBABILITIES one of the three defences, what must happen?

A

Defendant must be acquitted.

NIE 2024 (18 decks)

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