Public Order Act 1986 Flashcards
Define Section 1 POA 1986 - Riot
Section 1 of the Public Order Act 1986
‘Where twelve or more persons who are present together, use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene, to fear for their personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot’.
Define Section 2 POA 1986 - Violent Disorder
Violent Disorder Section 2 of the Public Order Act 1986
‘Violent Disorder is said to take place when three or more persons who are present together use, or threaten, unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his/her personal safety’
Define Section 3 POA 1986 - Affray
Section 3 of the Public Order Act 1986
‘A person is guilty of affray if they use or threaten unlawful violence towards another person, and their conduct would cause a person of ‘reasonable firmness’ present at the scene to fear for their personal safety. A threat cannot be made by the use of words alone; it also requires a behavioural element’
Define Section 4 POA 1986
Section 4 of the POA 1986 A person is guilty of an offence if he:
Uses towards another person threatening, abusive or insulting words or
behaviour; or
Distributes or displays to another person 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 him 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 will be used or it is likely that such violence will be provoked
Define Section 4A POA 1986
A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he:
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting,
thereby causing that or another person, harassment, alarm or distress.”
Define Section 5 POA 1986
A person is guilty of an offence if he:
(a) uses threatening or abusive words or behaviour, or disorderly behaviour, or
(b) 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 harassment, alarm or distress thereby.”
Define “Public Place”
A public place is anywhere ‘the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission’
