Public Order Flashcards
Section 5 Public Order Act 1986: Points to Prove
- Display any writing, sign or visible representation
- Or use words or behaviour
- Which is threatening or abusive within hearing or sight of another
- And was likely to cause or have the effect of causing harassment, alarm or distress
What type of offence is Section 5 of the Public Order Act 1986?
Summary only
Section 4A Public Order Act 1986: Points to Prove
- Display any writing, sign or visible representation
- Or use words or behaviour
- With intent to cause harassment, alarm or distress
Section 4 Public Order Act: Points to Prove
- Display any writing, sign or visible representation
- Or use words or behaviour
- With intent to cause another to believe immediate unlawful violence would be used against them or any other person
Section 5 Public Order Act 1986: Summary
Untargeted harassment, alarm or distress
“Fuck”
Section 4A Public Order Act 1986: Summary
Intentional harassment, alarm or distress
“Fuck you”
Section 4 Public Order Act 1986: Summary
Fear or provocation of violence
“I’m going to fuck you up”
When does Section 4/4A Public Order Act 1986 become an either-way offence?
When it is racially or religiously aggravated
Is there any power of entry for Section 4 Public Order Act 1986?
Yes, S4 POA 1986 is a specified offence under Section 17 PACE
What defences are there under the Public Order Act 1986?
- Suspect had no reason to believe anyone could see or hear
- Suspect believes their conduct was reasonable
- Suspect believed it could only be seen/heard inside their dwelling
Section 3 Public Order Act 1986: Summary
Affray, must involve 2 or more people, with at least 1 of them fighting or threatening to fight the other
Section 3 Public Order Act 1986: Points to Prove
- Use or threaten
- Unlawful violence
- Towards another
- Conduct would cause a person of reasonable firmness
- Fear for their own safety
Section 2 Public Order Act 1986: Summary
Violent disorder, 3 or more people
Section 2 Public Order Act 1986: Points to Prove
- 3 or more persons
- Use or threaten violence
- Conduct together would cause a person of reasonable firmness
- Fear for their own safety
Section 1 Public Order Act 1986: Summary
Riot, 12 or more people
Section 1 Public Order Act 1986: Points to Prove
- 12 or more persons
- Use or threaten violence
- For a common purpose
- Person of reasonable firmness would fear for their safety
How many people must be involved for Section 1 Public Order Act 1986 to apply?
Riot
12 or more people
How many people must be involved for Section 2 Public Order Act 1986 to apply?
3 or more people
How many people must be involved for Section 3 Public Order Act 1986 to apply?
2 or more people
If two people are stood inside their house swearing at each other, is it an offence under the Public Order Act 1986?
No, for it to be an offence under sections 5, 4 and 4A POA, at least one of the parties must be in a public place.
If they were stood in the garden, this is not a dwelling so would S4
If a person is stood in the street shouting “fuck”, what offence has been committed?
Section 5 Public Order Act 1986
If a person is stood in the street shouting “fuck you” at someone, what offence has been committed?
Section 4A Public Order Act 1986
If a person is stood in the street shouting “I’m going to fuck you up” at a person, what offence has been committed?
Section 4 Public Order Act 1986
If two people are stood in their house’s garden swearing at each other, is it an offence under the Public Order Act 1986?
Yes, as this does not count as a dwelling
What is a ‘dwelling’ under the Public Order Act 1986?
An occupied structure, only used as a home/living accommodation, not shared
A structure can include a tent, caravan, vehicle, etc.
Under Section 3 Public Order Act 1986, does a ‘person’ of reasonable firmness need to actually be there?
No, they can be hypothetical, as long as it is likely someone could be there
