Public Order Act 1986 Flashcards
What is Section 1 POA?
S1 - Riot
12 or more people threatening or using unlawful violence, they must be acting together for a common purpose.
The conduct of the 12 must be such that would cause a person of reasonable firmness present at the scene to fear for his safety.
What is Section 2 POA?
Section 2 - Violent Disorder -
very similar to riot but only 3 or more people are required, and they do not have to be acting for any common purpose.
What is Section 3 POA?
S3- Affray-
again similar to riot and violent disorder, a person commits affray by using or threatening unlawful violence so that a person of reasonable firmness would fear for his safety. No minimum number of people is required.
What is Section 4 POA?
Section 4 - fear or provocation of violence -
Offence is committed by using threatening, abusive or insulting words or behaviour, towards another person, or by distributing any writing, sign or other visible representation which is threatening, abusive or insulting. There must be an intention to provoke or to cause fear of immediate unlawful violence.
What is Section 5 POA?
very similar to section 4 but of a lower level. Covers harassment, alarm or distress and disorderly behaviour . It must take place within the hearing or sight of a person likely to be caused harassment, alarm or distress.
DPP v Fiddler (1992)
What is Section 6 POA
Section 6 – mens rea requirement -
Must be intention or be aware that they are being threatening or abusive, if not then should be acquitted.
What is section 12 POA?
Powers of Police to impose conditions on meetings
What does section 14A POA deal with?
it deals with trespassory assemblies - DPP v Jones (1999)
it states Chief of Police/ Home Secretary can ban assemblies of 20 or more persons on land in the open air to which the public has no, or only a limited right of access.
The ban may not last for more than 4 days, and not exceed an area represented by a circle with a radius of 5 miles from a specified centre.
What is section 16 POA?
Definition of a meeting/ assembly -
an assembly of 2 or more persons in a public place which is wholly or partly in the open air
What does S61 of POA concern?
Section 61 - assemblies of ‘travellers’–
officers must reasonably believe that trespassers have caused damage to property or have used threatening, abusive or insulting words or behaviour towards the occupier…or that the trespassers have brought 6 or more vehicles on to the land,
Define section 63 ‘raves’
Raves:
a rave is defined as a gathering on open land of 20 or more people at which amplified music is being played during the night … (numbers lowered from 100 by Anti- Social Behaviour Act 2003).
Superintendent can order people to leave the land.
What is S68 and 69?
Section 68 – aggravated trespass -it covers any trespasser who disrupts a lawful activity taking place on land.
Section 69 – police can direct trespassers whom they reasonably believe to have committed or about to commit an offence under Section 68 to leave the land.
How does the Serious Organised Crime and Police act restrict freedom to protest?
Introduces law that protests cannot be done In the ‘designated area’ around Parliament (protests within 1 km of Parliament): in order to hold a demonstration near Parliament.
the law says that 6 days notice must be given to the Metropolitan Commissioner (or 24 hours if 6 days was not ‘reasonably practicable’). He must then choose whether or not to allow the demonstration but may impose conditions upon it.
The conditions can be changed without notice on the day by any senior police officer. One of the considerations is ‘disruption to the life of the community’ - a catch-all category that allows the police to stop almost any protest
under Sections 132 of SOCPA (protesting without police authorisation in the vicinity of Parliament) liable to imprisonment for up to 51 weeks, to a fine up to £2500 or to both.
