Public Order Flashcards
What are the sections that come under the Public Order Act 1986
Section 3
Section 4
Section 4A
Section 5
What act refers to all acts apart from section 3 of the Public Order Act 1986?
Section 31 of the Crime and Disorder Act 1998 refers to Section 4, 4A and 5
It allows for more severe penalties if the offences are racially or religiously aggravated
What is the full name for section 5 of the Public Order Act 1986?
Harassment, alarm or distress - Section 5 Public Order Act 1986
What is the trial for section 5 of the Public Order Act 1986?
Triable summary
Who has the power of arrest without warrant for section 5 of the Public Order Act 1986?
Constables only
An individual is guilty of section 5 of the Public Order Act 1986 if they:
- use threatening, abusive or insulting words or behaviour, or disorderly behaviour
- displays any writing, sign or other visible representation which is threatening, abusive or insulting
within the hearing or sight of a person likely to be caused harassment, alarm or distress by such action
using a type of behaviour or sign but is not is not directing this at anyone in particular
What are the mental element(s) that need to be proved in relation to an offence under section 5, Public order Act 1986?
a person must intend their conduct to be threatening, abusive or insulting, or disorderly, or was aware that it might be so
What are the statutory defences for Section 5, Public Order Act 1986?
- they had no reason to believe there was any person within hearing or sight who was likely to be caused harassment, alarm or distress
- they were inside a dwelling and had no reason to believe that the words or behaviour used or writing, sign or other visible respresentation displayed, would be heard or seen by anyone outside that or any other dwelling
- their conduct was reasonable
What is the full name for section 4A of the Public Order Act 1986?
Intentionally causing Harassment, alarm or distress - Section 4A Police Order Act 1986
What is the trial for section 4A of the Public Order Act 1986?
Triable summarily
Who has the power of arrest without warrant for section 4A of the Public Order Act 1986?
Constables only
An individual is guilty of section 4A of the Public Order Act 1986 if they:
- use threatening, abusive or insulting words or behaviour or disorderly behaviour,
- display any writing, sign or other visible representation which is threatening, abusive or insulting
thereby causing that or another person harassment, alarm or distress
the same behaviour as section 5 but the behaviour is directed as an individual - there needs to be a victim
What are the statutory defences for Section 4A, Public Order Act 1986?
- that the conduct was in a dwelling was done by a person who had no reason to believe it would be seen or heard by a person outside that or another dwelling
- that the conduct was reasonable
What is the full name for section 4 of the Public Order Act 1986?
Fear or Provocation of Violence - Section 4 Public Order Act 1986
What is the trial for section 4 of the Public Order Act 1986?
Triable summarily
Who has the power of arrest without warrant for section 4 of the Public Order Act 1986?
Constables only
An individual is guilty of section 4 of the Public Order Act 1986 if they:
use threatening, abusive, or insulting words or behaviour, or displays any writing, sign or other visible representation which is threatening, abusive or insulting
- intent to cause the person to believe that immediate unlawful violence will be used against them or another
- to provoke the immedite use of unlawful violence by that person
What are the mental element(s) that need to be proved in relation to an offence under section 4, Public order Act 1986?
- intend their words or behaviour to be, or was aware that they might be threatening, abusive or insulting
- intended to cause that person to believe that immediate unlawful violence would be used against them or another by any person
What is the full name for section 3 of the Public Order Act 1986?
Affray - Section 3 Public Order Act 1986
What is the trial for section 3 of the Public Order Act 1986?
Triable either way
Who has the power of arrest without warrant for section 3 of the Public Order Act 1986?
Constables or other persons
An individual is guilty of section 3 of the Public Order Act 1986 if they:
use or threatens unlawful violence towards another and their conduct is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety
- cannot be just words alone
- fighting
Examples of affray
- a fight between two or more people outside a night club
- a person threatening another with a baseball bat
- two rival gangs of youths fighting
What can a defendant NOT claim to avail themselves of a defence?
a defendant cannot claim that they ‘did not know what they were doing because they had been drinking all day’
However, they can prove that their intoxication was not self-induced then they will have an defence
Under what section can you arrest someone?
Section 117 PACE
Would an individual who was at the scene of a section 3 offence but not taking part in the threatening or violent behaviour be guilty?
They would NOT be guilty
they could be guilty of committing other offences under this or other acts
What counts as a dwelling?
House Tent Caravan Vehicle Vessel
What does PAW stand for?
Persuade
- ask them to change their behaviour
- Do this once or twice
Advise
- That their behaviour constitutes a police order offence
Warn
- If they carry on doing it they will be arrested
How many people can be arrested at once for Section 3 of the Public Order Act 1986?
Offence can be committed by one or multiple people at once
- If two or more people use or threaten the unlawful violence, it is their conduct taken together that must be considered in determining whether the conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety
