Public Order Offences Flashcards
What is a section 5 public order offence (1986)?
A person is guilty of this offence if they use threatening / abuse words or behaviour or disorderly behaviour and is within the hearing or sight of a person likely to suffer alarm or distress.
What type of offence is section 5 public order offence (1986)?
Summary only,
Fine
What is a defence for a section 5 public order offence (1986)?
Accused needs to prove and had no reason to believe there was any person within hearing / sight to be caused harassment, alarm or distress OR,
was inside a dwelling and did not think anyone could hear them from outside.
What is the offence Section 4A intentional harassment, alarm or distress?
A person has INTENT to cause another person harassment, alarm or distress
What type of offence is Section 4A intentional harassment, alarm or distress?
Summary only,
6 months
What is a defence for Section 4A intentional harassment, alarm or distress?
The person was inside a dwelling and had no reason to believe words or behaviour or writing, sign or visual representation could be seen or heard by anyone outside
What is the offence Section 4 Fear or provocation of violence?
A person is guilty is they use threatening, abusive or insulting words or behaviour to another or any offensive sign and has the intent to cause immediate unlawful violence.
What type of offence is Section 4 Fear or provocation of violence?
Summary only,
6 months
What is special about the offence Section 4 Fear or provocation of violence?
There is a preserved power of entry under section 17 of PACE to deal with this offence. Section 4, go through the door!
What is the offence Section 3 Affray?
If a person uses unlawful violence towards another and they fear for their safety. Words alone will not suffice, 2 people need to be present. e.g. a fight in the street
What type of offence is Section 3 Affray?
Either-way offence,
3 years
What is the offence Section 2 violent disorder?
Three or more persons who are present together use or threaten unlawful violence and causes others/another to dear for their safety.
What type of offence is Section 2 violent disorder?
Either-way offence,
5 years
What is the offence Section 1 Riot?
Where 12 or more persons who are present together use unlawful violence for a common purpose and people present at the scene fear for their safety.
What type of offence is Section 1 riot?
Indictable only,
10 years
