public order act 1968

Question 1

what is the definition of public disorder?

Answer 1

Public disorder is disruptive
behaviour which deprives
others of the peace and
quiet to which they are
entitled.

Question 2

what is the definition of breach of peace?

Answer 2

harm is actually done or is likely to be done to a person or to a person’s property or a person is in fear of harm through an assault, affray, riot, unlawful assembly or other disturbance

Question 3

what are the 4 requirements for a breach of peace?

Answer 3

• clear circumstances
• person is ultimately arrested
  -his/her conduct interferes with a right of another
  -conduct is unreasonable

Question 4

what is the definition of bind over?

Answer 4

requiring the individual rhat he/ she enter into a recognisance to keep the peace

Question 5

section 5 definition

Answer 5

a person is guilty of an offence if they use threatening words or behaviour, disorderly behaviour, displays 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 or distress

Question 6

section 5 defences

Answer 6

• no belief of anyone in sight
• inside a dwelling
  -reasonable conduct
  -summary only

Question 7

what sentences can be served for a section 4a?

Answer 7

• summary only
  -6 months imprisonment

Question 8

section 4 definition

Answer 8

• using threatening, abusive or insulting words of behaviour
  -distributes or displays any material which is threatening, abusive or insulting
  AND
  with intent to cause that person to believe that immediate unlawful violence will be used or provoked