Public Order Flashcards
Breach of the peace originates from what?
Common law
What do powers relating to breach of the peace allow you to do?
detain someone until likelyhood of reoccurence had gone OR put them before the next available court so they can be ‘bound over’ to keep the peace
Do you need to caution someone before detaining them under breach of the peace?
It is not a requirement however it is best practice
Who can be arrested for breach of the peace?
anyone committing breach of the peace, or who the constable reasonably believes will commit a breach of the peace in the immediate future, or who had committed breach of the peace and it is reasonably believed that reoccurence is likely
Do you have power of entry to prevent or arrest someone for breach of peace?
Yes
What is the penalty for breach of the peace?
A recognisance (with or without sureties ) to keep the peace OR be of good behaviour in the future
What is the penalty if a person refuses to be bound over?
Up to 6mths imprisonment
What case defined who could be arrested for breach of the peace?
R v Howell 1981
What is public disorder?
disruptive behaviour which deprives others of the peace and quiet to which they are entitled
Disorderly Conduct:
Section 5 Public Order Act 1986
Section 5 Public Order offence:
Disorderly conduct: a person is guilty of an offence if they use threatening or abusive words, or behaviour, or display any writing sign or other visible representation which is threatening or abusive … within the hearing or sight of a person likely to be caused harrassment, alarm of distress (HAD)
Define harassment
repeated verbal/physical persecution
Define alarm
a frightened anticipation of danger
Define distress
to cause anguish, hardship, trouble or pain
Do you have power of entry to arrest for a Section 5 Public Order offence?
No
What are the statutory defences for Section 5 public order?
Not guilty if they had no reason to believe someone within view or hearing would be caused HAD OR they were in a dwelling and believed no-one would see/hear OR their conduct was reasonable
Intentional HAD:
Section 4A Public Order Act 1986
Section 4A Public Order offence:
A person is guilty of an offence if, intending to cause another person HAD, they either use threatening abusive or insulting words or behaviour or disorderly behaviour or display writings, signs or other visible representation which is threatening abusive or insulting, thereby causing that or another person HAD ***can take place in public or private but not in a dwelling where the person caused HAD is also inside a dwelling
What type of offence is Section 4A public order?
SUMMARY - 6mths
What must be proved for a Section 5 Public order offence?
persons around were likely to be offended/caused HAD
What must be proved for a Section 4A Public Order offence?
Statement from victim to prove HAD (else consider dealing with the suspect under Section 5 Public Order)
What are the statutory defences for Section 4A Public Order?
the conduct was in a dwelling and the person had no reason to believe it would be seen or heard by a person outside that or another dwelling
Fear of Provocation of Violence:
Section 4 Public Order Act 1986
Section 4 Public Order offence
A person is guilty of an offence if he uses towards another person threatening abuse or insulting word or behaviour or distributes or displays to another person any writing, sign, or visible representation whit is threatening, abusive or insulting … with intent to cause that person to believe that immediate unlawful violence will be used against them or another by any person OR to provoke the immediate use of unlawful violence by that person or another OR whereby that person is to believe that such violence will be used against them OR it is likely such violence will be provoked ***can take place in public or private but not in a dwelling
