Public Order

Question 1

s5 Public Order Act, could this offence ever be committed by someone not intending to cause harassment, alarm or distress?

Answer 1

Yes

When such an outcome is likely

Question 2

s5 Public Order Act, ignoring the defence of ‘reasonable behaviour’, could there ever be a defence to using threatening words outdoors?

Answer 2

Yes

If there was no reason to believe anyone (who was likely to be harasses etc) would see or hear

Question 3

s5 Public Order Act, ignoring the defence of ‘reasonable behaviour’, could there ever be a defence to using threatening words inside a dwelling, if there was someone else likely to be harassed inside too?

Answer 3

Yes
Dwelling defence
Although if the defendant knew of people outside the dwelling this defence might not be available

Question 4

s5 Public Order Act, could this offence ever be proved if there is no evidence of anyone actually being harassed, alarmed or distressed?

Answer 4

Yes

So long as such an outcome was proved likely to have happened

Question 5

s5 Public Order Act, could this offence be committed by a person inside a dwelling if the only person likely to be effected was inside a difference dwelling?

Answer 5

No

The dwelling defence is available if each party is inside a dwelling

Question 6

s4A Public Order Act, could this offence ever be committed by someone not intending to cause harassment, alarm or distress?

Answer 6

No

Question 7

s4A Public Order Act, would the relevant conduct always have to be directed at someone, in order to complete the offence?

Answer 7

No

There is no mention of this in the legislation, in contrast to s4.

Question 8

s4 Public Order Act, may this offence be proven if the words said or behaviour used are not directed towards anyone?

Answer 8

No

Question 9

s4A Public Order Act, may this offence be proven on the basis of disorderly conduct that is not threatening, abusive or insulting?

Answer 9

Yes

Question 10

s4 Public Order Act, could someone commit this offence, without intending either to cause fear, or intending to provoke violence?

Answer 10

Yes

So long as one of those outcomes is at least likely

Question 11

Affray, could someone ever commit this offence without actually using unlawful violence?

Answer 11

Yes

By threatening it

Question 12

Affray, could this offence ever be committed if nobody is threatened and the violent behaviour used, is not directed at anyone is particular?

Answer 12

No

Question 13

Affray, could this offence ever be committed, if there was no person of reasonable firmness present?

Answer 13

Yes

Question 14

Breach of the peace, could a police officer ever legally justify a breach of the peace arrest, on the sole basis that without such an arrest, abusive and insulting words will be used?

Answer 14

No

There is no threat of harm - and some link to harm is always necessary

Question 15

Could an ABH ever be proven where the only injury is transitory and trifling?

Answer 15

No

Question 16

May the offence of ‘assault police’ ever be proven in cases where the constable was not exercising any power?

Answer 16

Yes

So long as the officer was in the execution of their duty, which is wider than the exercising of powers.

Question 17

What is Section 5 of the Public Order Act 1986?

Answer 17

Harassment, Alarm or Distress

Question 18

What is the definition of Section 5 of the Public Order Act 1986?

Answer 18

It is an offence to use or display threatening, abusive, insulting words or behaviour
OR
disorderly behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress.

Question 19

Is Section 5 POA 1986 aimed at anyone in particular?

Answer 19

No

Question 20

Does someone need to be present for Section 5 POA 1986?

Answer 20

Yes - someone will need to be present in order to be harassed, alarmed or distressed.

Question 21

What are the four defences for Section 5 Public Order Act 1986?

Answer 21

• in a dwelling
• conduct was reasonable
• no reason to believe there was a person likely to be harassed, alarmed or distressed
• intoxication - only if drink had been spiked

Question 22

What is Section 4 of the Public Order Act 1986?

Answer 22

Fear OR Provocation of Violence

Question 23

Do you have power of entry for section 4 Public Order Act 1986?

Answer 23

Yes

Question 24

What is the definition of Section 4 of the Public Order Act 1986?

Answer 24

A person is guilty of this offence if they
a)use towards another person threatening, abusive or insulting words or behaviour
OR
b)distribute or display 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 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 likely to believe that such violence ill be used, or
*it is likely that such violence will be provoked

Question 25

Section 4 POA 1986 - does the conduct need to be towards anyone?

Answer 25

Yes - the person who the harassment, alarm or distress is aimed at.

Question 26

What two defences could there be for section 4 of the POA 1986?

Answer 26

• dwelling defence

* intoxication defence - if the drink had been spiked