Public order offences

Question 1

Definition of riot in s1(1) POA 1986:

Answer 1

Where 12 or more people who are present together use or threaten unlawful violence for a common purpose,
and the conduct of them 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.

Question 2

Definition of violent disorder in s2(1) POA 1986

Answer 2

Where 3 or more persons who are present together use or threaten unlawful violence,
and the conduct of them 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.

Question 3

s4A POA 1986

Answer 3

It’s an offence if, with the intent to cause a person harassment, a person:

(a) Uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) Display a sign etc. which is threatening, abusive or insulting

And both people are outside a dwelling

Question 4

s4A POA 1986 (intentional harassment, alarm or distress) - defences:

Answer 4

s4A(3)
(a) The person was inside a dwelling and had NR2B anyone outside the dwelling would see/hear
(b) The conduct was reasonable

Question 5

s5 POA 1986 offence:

Answer 5

It’s an offence to:

(a) Use threatening or abusive words or behaviour, or disorderly behaviour, or
(b) Display a sign etc. which is threatening or abusive,

Within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby

And both people are outside a dwelling

Defences apply

Question 6

s5 1986 POA (harassment, alarm or distress) - defences:

Answer 6

s5(3):
(a) The person had NR2B anyone else was within hearing/sight to be harassed
(b) The person was inside a dwelling and had NR2B anyone outside the dwelling would see/hear
(c) The conduct was reasonable