Public Order & ASB Flashcards
Criminal Justice Act 1967 Section 91
Drunk and Disorderly in a public place
Criminal Justice Act 1967 Section 91 (Maximum Penalty)
A Fine
P.A.W
Persuade
Advise
Warn
Licensing Act 1902
If a person is found drunk in any highway or other public place, whether a building or not, or on any licensed premises, and appears to be incapable of taking care of himself, he may be dealt with according to law.
Section 3 Public Order Act 1986
Affray
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.
Cannot be directed towards property. NEED A VICTIM.
Section 3 Public Order Act 1986 (Maximum Penalty)
Either way offence
Maximum Penalty = 3 Years
Section 2 Public Order Act 1986
Violent Disorder
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.
Section 2 Public Order Act 1986 (Maximum Penalty)
Either way offence
Maximum penalty = 5 years in prison
Section 1 Public Order Act 1986
Riot
Where 12 or more persons who are present together use or threaten unlwaful violence for a common purpose and the conduct of them (take 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 1 Public Order Act 1986 (Maximum Penalty)
Indictable
Maximum penalty = 10 years in prison
H.A.D
Harassment
Alarm
Distress
Section 5 Public Order Act 1986
A person is guilty of an offence if he-
Uses threatening or abusive words or behaviour, or disorderly behaviour, or
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.
Section 5 Public Order Act 1986 (Maximum Penalty)
Summary only offence (NO POWER OF ENTRY)
Maximum Penalty = £1000
Section 4a Public Order Act 1986
A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he -
Uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
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 4a Public Order Act 1986 (Maximum Penalty)
Summary only offence (NO POWER OF ENTRY)
Maximum Penalty = 6 months in prison
Section 4 Public Order Act 1986
With intent to cause that person to believe that immediate unlawful violence will be used against him or another 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 4 Public Order Act 1986 (Maximum Penalty)
Summary only offence (POWER OF ENTRY APPLIES)
Maximum Penalty = 6 months in prison
Section 19 Public Order Act 1986
A person who publishes or distributes written material which is threatening, abusive or insulting is guilty of an offence if:
He intends thereby to stir up racial hatred
Having regard to all the circumstances, racial hatred is likely to be stirred up.
Section 29A & 29AB Public Order Act 1986
A person who uses threatening words or behaviour, or displays any written material which is threatening, is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.
Section 50 Police Reform Act 2002
A police officer has the power to request a persons name and address if there is:
A reason to believe that the person has been acting or is acting in an anti-social manner.
Section 59 Police Reform Act 2002
Seize and remove vehicles used to cause alarm, distress or annoyance.
ASB Definition
Acting in a manner that causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household.
