Public Order Act 1986- s3 2 and 1 Flashcards
What are Public Order Act 1986- s3 2 and 1 offences considered as?
Serious public disorder offences that all involve unlawful violence
In order of seriousness:
Affray (s 3)
Violent disorder (s 2)
Riot (s 1)
Where can Public Order Act 1986- s3 2 and 1 offences be committed?
In private AND public
What is violence?
Aggressive or hostile conduct towards property or persons, and includes acts capable of causing injury even if no injury or damage is caused, e.g throwing a beer at someone even in if misses.
What is Public Order Act 1986 s 3?
Affray
What is affray (Public Order Act 1986 s 3)?
The threat of violence needs to be capable of upsetting others.
The primary objective of the law is to protect the general public around the affray and therefore the court will consider how a hypothetical person of reasonable firms who witnessed the incident would feel.
Who are the three parties involved in an affray:
The individual making the threats.
The person subject to the threats.
One or more bystanders.
What does Public Order Act 1986 s 3 state?
A person commits affray (s 3(1)) if he/she uses or threatens unlawful violence…
- threat cannot be made by use of words alone (s 3(3)) they must intend to use violence or be aware that their conduct may be violent or threaten violence (s 6(2)).
…towards another and [his/her] conduct is such as would cause a person of reasonable firmness present at the scene…
- at least one bystander must be there
…to fear [his/her] personal safety
What are the penalties of affray?
Offence is triable either way.
The penalty if tried summarily is 6 months imprisonment and/ or a fine, and on indictment three years imprisonment.
What is Public Order Act 1986 s 2?
Violent disorder
What must be the case for an offence against violent disorder to occur (Public Order Act 1986 s 2)?
Three or more persons must be present together and use (or threaten to use) unlawful violence.
There must be an intention to use or threaten violence, or an awareness that the conduct may be violent or threaten violence.
What does Public Order Act 1986 s 2 state?
Violent disorder is committed where three or more persons who are present together….
…use or threaten violence…
- threats can be made by words alone. It is immaterial whether or not the the acts the persons act simultaneously.
…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.
Who can arrested in the group according to Public Order Act 1986 s 2?
It is only possible to arrest and investigate one person out of such a group, then he/she can still be charged with this offence, but it still must be proved that at least two other using or threatening violence were present, and they must be mentioned in the charge.
What is the penalty for committing an offence of Public Order Act 1986 s 2?
Offence is triable either way.
The penalty if tried summarily is 6 months imprisonment and/ or a fine, and on indictment 5 years imprisonment.
Hatred on the grounds of race, religion, and sexual orientation
The motivations for this type of hate crime are what?
Racial Hatred, ‘hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins’ (s 17 of the Public Order Act 1986);
Religious Hatred (s 29A of the Public Order Act 1986), ‘hatred against a group of persons defined by reference to religious belief or to a lack of religious belief’ (eg atheists or humanists).
Hatred on grounds of sexual orientation (s 29B of the Public Order Act 1986) ‘hatred against a group of persons defined by reference to sexual orientation whether towards persons of same sex, the opposite sex or both’.
Hatred on the grounds of race, religion, and sexual orientation
Where can offences be committed?
Public OR private, although the effects of the actions must be felt in a public place
