Public Order Legslations Flashcards
What is Public order and Public disorder
• ‘Public order’ is essentially the absence of disorder.
• ‘Public disorder’ is defined as ‘Acts that interfere with the operations of society and the ability of people to function efficiently.
Section 1 - Riot
• 12 or more persons
• Present together
• Used or threatened unlawful violence (all charged MUST use)
• For a common purpose, and that
• The conduct of them such as to cause a person pf reasonable firmness
• Present at the scene
• To fear for his or her personal safety.
Section 2 - Violence Disorder
It must be proved that.
• 3 or more persons
• Present together.
• Used or threatened.
• Unlawful violence
• So that the conduct of them (taken together) would cause
• A person at the scene
• To fear for his or her personal safety
Section 3 – Affray
It MUST be proved that a person has used or threatened.
• Unlawful violence
• Towards another
• And his conduct is such as would cause.
• A person of reasonable firmness
• To fear for his or her personal safety
‘Public or private’ includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise
‘Dwelling’ means any structure occupied as a person’s home or other living accommodation (whether the occupation is separate or shared with others) or does not include any part not occupied)
Section 4 – Fear or Provocation of Violence
A person is guilty of an offence if s/he
• Use towards another T.A.I words or behaviours OR
• Distributes or displays to another person any writing, sign or other visible representation which T.A.I
With INTENT to cause that person to believe that:
• Immediate unlawful violence used will be used against him or another person, OR
• To provoke the immediate use of unlawful violence by the person OR
• Whereby the person is likely to believe that such violence will be used or it is likely that such violence will be provoked
Section 4a – Intentional H.A.D
A person is guilty of this offence
WITH intent to cause a person H.A.D s/he uses:
• Threatening, abusive or insulting words or behaviours OR
• Disorderly behaviour OR
• Display any writing, sign or other visible representation which is threatening, abusing or insulting
Thereby causing that or another person H.A.D
Section 5 – H.A.D
A person is guilty of an offence is s/he:
• Uses threatening or abusive words or behaviour
• Disorderly behaviour OR
• Displaying any writing, sign, visible representation which is threatening or abusive
Within the hearing or sight of the person likely caused harresment, alarm or distress
Witnesses
• Although the existence of a person who is cause harassment alarm and distress must be proved, the is NO requirement that they actually give evidence
• Where there is reliable evidence that the accused was drunk in a public place at the time of the alleged offence to the extent that the person has lost self control, a charge of drunk and disorderly should be preferred
Racially or Religiously Aggravated
Section 28 Crime and Disorder Act 1998
At the time of committing the offence, or immediately before or after doing so:
The offender demonstrates towards the victim of the offence 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 racial or religious group based on their membership of that group
Racially or Religiously Aggravated
Section 31: Crime and Disorder Act
Acts intended or likely to stir up racial hatred
Section 18: Threatening, abusive or insulting words or behaviour, or displays any written material.
Section 19: Publishes or distributes written material
Disability and public order offences
Section 146 Criminal Justice Act 2003
The act increases in sentence of aggravation related to disability, sexual orientation or transgender identity
Drunk and Disorderly
Section 91 Criminal Justice Act 1967
Any person who is in any public place is guilty, while drunk, or disorderly behaviour
Shall be liable on summary conviction to a fine not exceeding £1000
Breach of the peace
Harm is actually done or is likely to be done to a person OR
To a person’s property in his/her presence OA person is in fear of harm to himself or his property through:
Assault / affray / Riot / Unlawful assemble or other disturbances
Power of arrest
A beach 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 lease has been committed or the person effecting the arrest reasonably believes that a breach of the peace had occurred and that a further breach is threatened
Breach of the Peace Court Action
Binding over
• To keep the Peace
• A precautionary measure, where there is possibility of present or future danger
• Not a conviction or punishment
• The person must consent to being bound over
