Public Order

Question 0

What is section 1 of public order?

Answer 0

Affray
Uses unlawful violence toward another where their conduct would cause a person of reasonable firmness to fear for safety
Public/private/dwelling
Must be a victim

Question 1

What is a breach of peace?

Answer 1

In public or private
Harm done, likely to be done, or fear of harm either by conduct of person whom breach of peace is alleged or by someone it provokes
Can enter to stop or prevent
Can arrest about to commit, committing and committed

Question 2

What is section 2 public order?

Answer 2

Fear of provocation of violence?
Any person who uses threatens, abusive or insulting words or behaviour
Or
Distributes or displays writing/sign which is threatening, insulting and abusive
With intent
Cause person to believe immediate unlawful violence used against him or another or provoke violence or likely to do so!

TIA

Public or private - not dwelling

Question 3

What is section 3 public order?

Answer 3

Harassment, alarm
Distress

Any person who uses threatening, abusive or insulting words
Disorderly behaviour
Display writing/sign which is TIA
And is within sight or hearing of person likely to feel harassed, distressed, alarmed or annoyed

So no violence
Public or private - not dwelling

Question 4

What power of entry do we have for public order?

Answer 4

Section 20 to arrest someone committing or has committed

Question 5

What defences are there to section 3 public order?

Answer 5

No reason to believe anyone would see or hear
In home
Reasonable conduct