Public Order Offences

Question 1

Breach of the peace - Common Law

Answer 1

when harm is actually done, or likely to be,
to a person or their property,
or they’re in fear of being harmed as a result of assault, affray, riot etc

Question 2

How do you resolve a breach of the peace?

Answer 2

generally by removing someone from where its occurred

Question 3

Drunk and disorderly

Answer 3

if found guilty of disorderly behaviour while drunk in any public place

Question 4

Penalty for drunk and disorderly

Answer 4

summary conviction only

Question 5

Drunk and Incapable

Answer 5

if found drunk in highway or any public place, building or not,
and appear to be incapable of taking care of self - dealt with according to law

Question 6

S5 Public order act 1986 (Fuck)

Answer 6

guilty if:
uses threating, abusive words or behaviour or
disorderly behaviour
OR writing or signs (abusive or threatening)
that are likley to cause harm or distress.

Question 7

Where does S5 relate to?

Answer 7

public and private places

Question 8

Penalty for S5 POA

Answer 8

summary but not imprisonable - max fine of £1000

Question 9

S4a public order act (Fuck you)

Answer 9

guilty if:
uses threating, abusive or insulting words or behaviour, or disorderly behaviour
OR any writing or visual representation that are threatening + abusive,
causing another harassment, alarm or distress.
OR intend to cause person to believe immediate unlawful violence will be used or provoke this from them or another.

Question 10

penalty of S4a

Answer 10

imprisonment 6 months and/ or fine

Question 11

S4 public order act (fuck you, or else)

Answer 11

guilty if:
with intent to cause person harrassment, alarm or distress he:
believes immediate unlawful violence will be used agaisnt them/ other,
OR to provoke immediate unlawful violence,
OR person likley to believe unlawful violence will be or likely to be used against them

Question 12

which of these can be aggravated?

Answer 12

S4 and S4a

Question 13

why cant S5 be aggravated

Answer 13

because its not targeted/ specific to anyone - to the world

Question 14

S3 Affray

Answer 14

guilty if:
- uses or threatens unlawful violence to another
- conduct would cause person of reasonable firmness
- present at scene to fear for his safety

Question 15

where does s3 affray relate to?

Answer 15

public and private

Question 16

what’s the mens rea of affray?

Answer 16

intent to threaten unlawful violence/ reckless as to wether it would cause UV

Question 17

What’s the penalty for s3 affray?

Answer 17

either way
summary - 6 months and/ or unlimited fine
indictment - 3 years and/ or unlimited fine

Question 18

S2 violent disorder

Answer 18

when 3 or more people who are present together,
use or threaten unlawful violence and,
the conduct would cause person of reasonable firmness present,
to fear for safety.

Question 19

What’s the mens rea of s2 violent disorder?

Answer 19

have to have awareness that their conduct would cause someone to fear for their safety

Question 20

Place for s2 violent disorder?

Answer 20

Public or private

Question 21

Penalty of s2 violent disorder?

Answer 21

either way, max 5 years

Question 22

S1 rioting

Answer 22

where 12 or more persons present together,
use or threaten unlawful violence for a common purpose,
and conduct together would cause person of reasonable firmness
who’s present, to fear for safety.

Question 23

Penalty

Answer 23

indictable 10 years

Question 25

What happens to the penalty of s4 and 4a if racially or religiously aggravated?

Answer 25

both become either way offences