Public Order Legislation & BOP Flashcards
What year was the Public Order Act?
1986
What does Public Order mean?
An absence of disorder. Public order is defined as acts that interfere with the operations of society and the ability of Public to function efficiently
What are the key terms of Public order?
- Unlawful violence
- Harassment/Alarm/Distress (HAD)
- Threatening/Abusive & Insulting (TAI)
-Person of reasonable firmness
What is S1 Public Order?
Riot
12 or above people
What is S2 Public order?
Violent Disorder
3 or more
What is S3 Public order?
Affray
2 or more people
What is S4 Public order?
Fear or Provocation of violence
What is S4a Public Order?
Intentional H.A.D
What is S5 Public Order?
Causing H.A.D
What is Drunk & Disorderly Act 1967
Any person who in any public place is guilty, while drunk, of disorderly behaviour. Shall be liable on summary conviction to a fine not exceeding £1000
What is Breach of the Peace?
A breach if the peace occurs when
Harm is actually done or is likely to be done to a person or to a persons property in his/her presence OR
A person is in fear of harm to himself or his property through:
Assault/Affray/Riot/Unlawful assembly or other disturbance
BOP Power of arrest
A breach of the peace is committed in his/her presence,
The person effecting the arrest reasonably believes that such a breach will be committed In the immediate future by the person arrested, OR
A breach of the peace has been committed or the person effecting the arrest reasonably believes that a breach of the peace has occurred and that a further breach is threatened
BOP Court action. What is binding over?
- To keep the peace
- A precautionary measure, where there is a possibility of present or future danger
- Not conviction or punishment
- The person must consent to being bound over
DR GRAMPS - What are the 9 protected characteristics for hate crime?
D- Disability
R- Race
G- Gender
R- Religion
A- Age
M- Marrital status
P- Parental status
S - Sexuality