Public Order Act 1986 Flashcards
What is a CBO
Criminal Behaviour Order- these can be used to deal with persists to anti-social individuals who engage with criminal activity.
These need to be applied for on the back of a personals criminal conviction at court
Public Order Act 1986
S1- Riot S2- Violent Disorder S3- Affray S4- Fear or provocation of violence, S4a- Intentional HAD S5- Non intentional HAD
Sect 5 HAD
Definition
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.
No intention, not aimed towards a person but has to be carried out in the hearing or sight of a person.
‘Fuck’
Triable Summarily
Fine or OFCD - Community Resolution
Sect 4a Intentional HAD
Definition
A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress 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, abusive or insulting, thereby causing that or another person, harassment, alarm or distress.
Intends to be threatening, abusive or insulting but does not have to be aimed towards a person.
A person MUST be caused HAD
‘Fuck off’
Triable summarily
Up to six months imprisonment
Sect 4
Definition
A person is guilty of an offence if he—
(a) uses towards another person threatening, abusive or insulting words or behaviour, or
(b) 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.
Intends to cause fear or Immediate violence or to provoke Immediate violence
Aimed at specific person
‘Il fucking hit you’
Triable Summarily
Up to six months imprisonment
Sect 3 Affray
Definition
A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
2 or more people using threatening violence
Triable either way
Up to 3 years imprisonment
Sec 2 Violet Disorder
Definition
Where 3 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 or reasonable firmness present at the scene to fear for his personal safety, each of these persons using or threatening unlawful violence is guilty of violent disorder
3 or more persons must be present together
Triable either way
Up to 5 years imprisonment
Sect 1 Riot
Definition
Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them together is such as would cause a person of reasonable firmness present at the scene to fear for his safety, each of the persons using unlawful violence for the common purpose is guilty of riot.
Triable Indictable
Up to 10 years imprisonment
Possession of an Offence Weapon
Sect 1 The Prevention of Crime Act 1953
Definition
Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence
Reasonable excuse -
Chef carrying knives to work, Police carrying batons
Offence Weapon -
Any article made or adapted for use to cause injury
Possession of Points and Blades in a Public Place or School Premises
Sect 139 and 139A Criminal Justice Act 1988
Prohibits having an article with a blade or point in a public place, including a folding pocket knife if the cutting edge of the blade is 7.62cm/3inches
Defenses - Good or lawful authority Had article for work Religious Reasons National Costume
ABH
Sect 47 Offences Against the Persons Act 1861
Definition
A person intentionally or recklessly assaults another, thereby causing ABH
Intentionally - Meant to apply force
Recklessly - When When suspect undertakes an action which poses an obvious risk
Actual Bodily Harm- Any hurt or injury which is interferes with the health or comfort of the victim
Psychological- Fear, distress and panic can amount to ABH
The injury must real and should be capable of being seen or felt by the victim or witnesses
Triable Either Way
Up to 5 years imprisonment
GBH
Sect 20 Offences Against the Person Act 1861
Definition
Whosoever shall unlawfully and maliciously wound another person or to inflict grievous bodily harm upon another person
Really serious harm, Jury needs to decide
Wound- Breaks in the skin, cuts, lacerations.
Triable either way
Up to 5 years imprisonment
Common Assault / Battery
Sect 39 Criminal Justice Act 1988
Definition
An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force.
A battery is committed when a person intentionally or recklessly applies unlawful force to another
Common assault does not need physical contact, but the victim needs to believe that they are about to have unlawful force inflicted upon them
If physical contact is made, battery has been committed
Triable Summary
Up to 6 months imprisonment
Breach of the Peace
Not a criminal offence but common law
A person can be arrested for ‘Breach of the Peace’ and detained until there is no likelihood of breach of the peace recurring, they can then be released without further action
GBH with intent
Sect 18 Offences against the persons act 1861
Definition
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person, with intent, to do some grievous bodily harm to any person, or with the intent to resist or prevent the lawful apprehension or detainer of any person
Intent -
Planned attack, deliberate selection of weapon (breaking glass before an attack)
Triable Indictable
Up to Life imprisonment
