Public Order

Question 1

Section 18 Public Order Act 1986

Answer 1

A person who uses threatening, abusive, insulting behaviour or displays any such material is guilty if he she intends to stir up racial hatred

Question 2

Section 19 Public order Act 1986

Answer 2

A person who publishes or distributes written material which is threatening, abusive, insulting is guilty if he/she intends to stir up racial hatred.

Question 3

Section 23 Public Order Act 1986

Answer 3

Has in his her possession any written material or audiovisual material which is threatening,abusive,insulting with a view to it being displayed, distributed

Question 4

Under section 5 what behaviours should be displayed

Answer 4

It will be unintentional harassment alarm and distress. Threatening, abusive or insulting words.

Question 5

Under section 5 can you commit an offence if you display threatening abusive or insulting words?

Answer 5

Yes

Question 6

Section 5 - Does the conduct have to be aimed at any person specifically?

Answer 6

No

Question 7

Section 5 - Does the conduct have to take place where there is someone present?

Answer 7

Yes but they need not be identifiable.

Question 8

Section 5 - What is the conduct likely to cause?

Answer 8

Harassment alarm and distress.

Question 9

What defences are there to section 5

Answer 9

Had no reason to believe that it would cause harassment alarm or distress, had no reason to believe that whilst in his dwelling his conduct can be seen from outside the house. His conduct was reasonable eg trying to stop unlawful act.

Question 10

What are the main features of Section 4

Answer 10

Fear or provocation of violence, threatening abusive and insulting behaviour is used against a person. This can be written and distributed (not just displayed). Must be towards someone.

Question 11

What are the main features of Section 4a

Answer 11

To cause intentional harassment alarm and distress. The suspect intends the the conduct to be threatening, abusive and insulting. The conduct does not need to be aimed at anyone. There must be one identifiable person (victim). Material is not distributed.

Question 12

What are the Points to prove in section 3 Affray?

Answer 12

The threat of violence should be capable of upsetting others. How would a hypothetical person of reasonable firmness feel having witnessed the incident. Triable either way

Question 13

Violent disorder section 2 Public Order Act 1986

Answer 13

3 or more people must be present together and use or threaten to use unlawful violence. No common purpose needed. Person of reasonable firmness.

Question 14

Main features of section 1 POA 1986

Answer 14

Similar to violent disorder but twelve or more people must be present. Indictable 10 years imprisonment