Public Order Act Flashcards
S.1 riot
Inditivle offence 10 years
12 or more individuals present together
Use or theresten unlawful violence (R v Roberts) (R v birely)
Would cause person of reasonable firmness present at scene to fear for their safety(R v sanchez) hypothetical bystander
MR: intent to use violence or or awareness that there conduct might be violent
S.2 violent and disorderly
3 or more individuals present together (R v Fleming and Robinson) (R v Mahroof)
Use or threaten unlawful violence ( R v Heron and Spencer)
Hypothetical bystander
MR intent to use violence or awareness that conduct might be violent
S.3 affray
1 person
Threatens unlawful violence must be A victim (DPP v I)
Must affect a bystander (dpp v ieson)
Hypothetical bystander
Mr intent to use violence or aware that conduct might be violent
S.4 causing or provoking violence
Use threatening insulting abusive words or behbaiour or disorderly behaviour
OR
Displays or distrubuted same thing
MR I’m order to peov9ke immediate unlawful personal violence
S.4 a
Causing intentional alarm harassment or distress
Use threatening abusive or insulting words or behaviour or disorderly behaviour
OR
Displays distributes the same
Causes soemoen alarm harassment or distress
Mr cause another alarm harassment fear or distress
S.5 harassment alarm or distress
Use or threaten abusive or threatening words and behaviour
OR
Disolays anything abusive or threatening
Likely to cause alarmharassment distress
Mr intent to be abusive or believe they might be (DPP v clarck) ( dpp v chambers)
S.11
Organiser of protest or event must notify police and arenage key details
S.12 s.14
Police can impose conditions on protest
.size
.location
.time of day
.duration
. Accsess/route
.props/banners/signs
Only if police reasonably belive that
Serious public disorder
Serious damage
Serious disruption to life of community
Is intended to intimate
(Brehony v MET)
(Jones and ors v met) restrictions only last for that protest must be refreshed each day
S.13
Bam in assembly
Reasonably belive conditions would not be enough to keep people reasonably safe
(Jones and ors v met)
Common law breach of peace
Breach of peace (r v hinklin) can Carey out arrest if reasonably belive imminent breach of oeace will occur
(Eismem reynard v uk) preventative arrest