Public Order Act 1986- s 5 4A and 4 Flashcards
The Public Order Act 1986 defines a variety of public order offences. The key offences are what/
Note that the offences range in order of severity from most severe (section 1) to least severe (section 5):
riot (section 1)
violent disorder (section 2)
affray (section 3)
fear or provocation of violence (section 4)
intentional harassment, alarm or distress (section 4a)
non-intentional harassment, alarm or distress (section 5)
There is a subtle difference between each of the offences and you need to study this section carefully to fully understand it. In particular, for each offence, pay attention to:
what behaviour is required (words / actions / signs / representations etc)?
what intention is required (is a specific intent required)?
what outcome is required (does anyone need to be present, if so, what effect on them is required)?
where can the offence be committed?
what defences are available?
Section 1 Riot:
Where 12 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 his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.
Section 2 Violent Disorder
(1) 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 of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
Section 3 Affray
A person commits affray (s3(1)) if he/she 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.
Section 4 Fear or Provocation of Violence
A person is guilty of an offence (s4(1)) if he/she
(a) uses towards another person threatening, abusive or insulting words or behaviour, or distributes or
(b) 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.
Section 4A Intentional Harassment, Alarm or Distress
s4A(1) states that a person is found guilty of an offence if, with intent to cause a person harassment, alarm or distress he/she
(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.
Section 5 Harassment, Alarm or Distress
s5(1) a person is guilty of an offence if he/she
(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.
What locations apply with public order offences?
S1 through to section S5 all state that an offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
Therefore, note that the offence can be committed in public and private places, but not in any dwelling.
For example, if you have an argument with your neighbour whilst both inside your houses (or other peoples’ houses), this would not be a public order offence as long as nobody in the street outside can see or hear you. However, if one or both of you were outdoors in the street, this would be an offence.
How does the Public Order Act include offences to address ‘stirring up’ or inciting hatred on the grounds of race, religion or sexual orientation?
The threshold for s18-23 offences (inciting racial hatred) is threatening, abusive or insulting whereas the threshold for s29 offences (inciting hatred against religious/sexual orientation) is higher but also only includes threatening.
Offences may be committed in a public or a private place, except that no offence is committed where the words or behaviours are used, or the written material is displayed, by a person inside any dwelling and are not heard or seen except by other persons in that or any other dwelling.
In which circumstances may a person receive a more severe penalty under Section 31 of the Crime and Disorder Act 1998?
If a person commits an offence contrary to Section 4, Section 4A or Section 5 of the Public Order Act 1986 which is racially or religiously aggravated, they may receive a more severe penalty under Section 31 of the Crime and Disorder Act 1998.
To prove that an offence is racially or religiously aggravated, the prosecution has to prove the ‘basic’ offence, followed by racial or religious aggravation. An offence will be racially or religiously aggravated if:
At the time of the offence (or shortly before or after), the offender demonstrates to the victim hostility based on the victim’s membership (or presumed membership) of a racial or religious group, or
The offence is motivated wholly or partly by hostility towards members of a racial or religious group based on their membership (or presumed membership) of that group.
Some people accused of Public Order Act 1986 may claim in their defence that they were intoxicated at the time of their offence, does this hold up in court?
No - Intoxication by any substance is not a defence and people will be presumed to have the same levels of awareness as if not intoxicated unless shown that it is not voluntarily taken i.e. spiked or taken in line with medical treatment.
Offences under ss 5, 4A and 4.
5 and 4A are used for relatively minor forms of public disorder such as persistent swearing and shouting.
Section 4 is used for more serious public disorder, involving fear or provocation of violence.
s4
Intentions of suspect…
Recipient of the conduct…
Includes disorderly behaviour…?
Distribution of material…?
Outcome of the behaviour…
Intends to cause fear or violence or to provoke violence
Conduct aimed towards a specific person
More than disorderly behaviour
Includes distribution of material
No specific outcome is required to prove this offence
