Public Order Offences

Question 1

Breach of the peace

Answer 1

Common law - can be used if needed but preferable to use legislative powers. Any person can arrest a person breaching the peace.

Question 2

Riot

Answer 2

s1 Public Order Act 1986 - 12 or more persons threatening violence for a common purpose, and a reasonable person would fear for their safety (private or public places)

Question 3

Violent disorder

Answer 3

s2 Public Order Act 1986 - 3 or more persons threatening violence for a common purpose, and a reasonable person would fear for their safety (public or private places)

Question 4

Affray

Answer 4

s3 Public Order Act 1986 - where a person threatens or commits violence and a reasonable person in the vicinity would fear for their safety (public or private places)

Question 5

Fear or provocation of violence

Answer 5

s4 Public Order Act 1986 - a person is guilty if they are threatening or insulting and there is intent that the recipient should believe they are likely to be subjected to immediate violence, or to provoke that person to violence (public or private place)

Question 6

Intentional harassment alarm or distress

Answer 6

s4A Public Order Act 1986 - cannot be committed if threatening person is inside a dwelling

Question 7

Non-intentional harassment, alarm or distress

Answer 7

s5 Public Order Act 1986 - defence if accused is inside a dwelling or did not reasonably believe that he would cause harassment, alarm or distress, or that his conduct was reasonable.

Question 8

Racially and religiously aggravated public order offences

Answer 8

If offences are committed under ss4, 4a or 5 they more receive a more severe penalty under s31 of the Crime and Disorder Act if the offence was racially or religiously aggravated.