Public Order Act 1986 Flashcards
Section 5
Public Order Act 1986
(FUCK)
Harassment, alarm or distress
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 hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
Harassment, alarm or distress
Section 5
Public Order Act 1986
(FUCK)
Section 5 Public Order Act 1986 (harassment, alarm or distress): mode of trial?
Summary
Section 5 Public Order Act 1986 (harassment, alarm or distress): penalty?
Fine not exceeding £1,000
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.
INTENTIONAL harassment, alarm or distress
Section 4(A)
Public Order Act 1986
INTENTIONAL harassment, alarm or distress: which Act and section?
Section 4(A) Public Order Act 1986
(FUCK YOU)
INTENTIONAL harassment, alarm or distress: mode of trial?
Summary
INTENTIONAL harassment, alarm or distress: penalty?
Max 6 months imprisonment and/ or a fine
A person is guilty of an offence if he-
a) uses towards another person threatening, abusing 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.
FEAR OR PROVOCATION OF VIOLENCE
Section 4
Public Order Act 1986
FEAR OR PROVOCATION OF VIOLENCE: which Act and section?
Section 4
Public Order Act 1986
(I’M GONNA FUCK YOU UP)
AFFRAY: mode of trial?
Either way (summary/ indictment)
AFFRAY: penalty?
Summary- a fine or six months imprisonment
Indictment- three years imprisonment
Uses or threatens unlawful violence towards another and his/her conduct is such as would cause a person of reasonable firmness present at the scene to fear for his/her personal safety.
Three parties involved=
- The individual making the threats
- The person subject to the threats
- One or more bystanders
AFFRAY
Section 3
Public Order Act 1986
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 their own safety.
Section 2 Public Order Act 1986
Violent disorder
Either way- max 5 years imprisonment
Wherever harm is done or is likely to be done to a person, or in their presence, their property, or…
Whenever a person is in fear of being harmed through assault, riot or other disturbance.
Breach of the peace.