Public Order Flashcards
What is Section 1 of the Public Order Act?
Where 12 or more persons who are present together
use or threatens unlawful violence for a common purpose
and the conduct of them
(taken together)
Is such would cause a person of reasonable firmness present at the scene
To fear for their personal safety
Section 1 Public Order Act 1986
What is Violent Disorder?
When 3 or more persons who are present together
Use or threatens unlawful violence
And
The conduct of them (taken together)
Is such would cause a person of reasonable firmness present at the scene
To fear for their personal safety
Section 2 Public Order Act 1986
Where can violent disorder be committed?
Violent Disorder may be committed in private as well as public places.
What is Affray?
A person is guilty of affray if he
Uses or threatens unlawful violence towards another
And
His conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety
Section 3 Public Order Act 1986
What is section 4 of the POA?
A person is guilty of an offence is he
1) uses towards another person threatening, abusive or insulting words or behaviour or
2) distributes or displays to another 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 him or another by any person or to provoke the immediate use of unlawful violence by that person or another or whereby that person is likely to believe that such violence will be used or is likely that such violence will be provoked.
Section 4 public order Act 1986
“FUCK YOU IM GONNA SMASH YOUR HEAD IN”
Where can section 4 POA offence be committed?
Can be committed in public or private except where behaviour or material is displayed or by a person inside a dwelling and the other person is also inside that or another dwelling
What section can a police officer enter a premises to arrest any person reasonably suspected of committing an offence under section 4 POA?
Section 17 PACE
What is Section 4a of POA?
A person is guilty of an offence if with intent to cause a person harassment, alarm or distress he
A) uses threatening, abusive or insulting words or behaviour or disorderly behaviour or
B) Displays any writing, sign or other visible representation which is threatening, abusive or insulting
Thereby causing that or another person harassment, alarms or distress.
Section 4a Public Order Act 1986
“FUCK YOU”
What are some defences for S4A POA?
Inside a dwelling - no reason to believe words, conduct or behaviour inside of dwelling would be heard by person outside
Reasonable conduct - their conduct was reasonable eg a woman in her house is shouting at two people tampering with her car
What is Section 5 of the POA 1986?
A person is guilty of an offence if he uses threatening or abusive words or behaviour
Or
Displays an writing, signs or other visual representation which is threatening or abusive that is within the hearing or sight of another person likely to be caused harassment, alarm or distress thereby.
Section 5 Public Order Act 1986
“FUCK FUCK FUCK OFF”
What are some defences for S5 POA 1986?
Could not be heard
Inside a dwelling
Reasonable Conduct
When can an officer arrest for BOP without a warrant?
1) If BOP is committed in their presence
2) If person making the arrest believes that BOP is likely to be committed in immediate future
3) BOP has been committed and it is reasonably believed that a renewal of it is threatened
What is threats to kill?
A person who without lawful excuse makes to another a threat, intending for the other person to fear that it would be carried out, to kill that other or a third person shall be guilty of an offence.
Offences Against the Person Act 1861
