Public Order Offences Flashcards
RIOT S1 Poa 1986
Where 12 or more persons 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 a riot.
No person of reasonable firmness needs to actually be present, it can be in public or private.
Violent disorder S2 poa 1986
When 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.
Can be public or private
Affray S3 poa 1986
A person is guilty of an affray if he uses or threatens violence towards another and his conduct is such as would cause a person of reasonal firmness present at the scene to fear for his personal safety.
Can be done in public and includes dwellings
Fear or provocation of violence S4 poa 1986
A person is guilty of an offence if he uses towards another person threatening, abusive or insulting words or behaviour or distributes or displays any writing, sign or other visible representation which is threatening, abusive or insulting with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
Where can S4 poa take place
Public or private - but no offence committed where both persons are inside a dwelling, not necessarily the same dwelling).
Intentional harassment, alarm or distress S4A poa 1986
A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress.
Where can S4A poa take place?
Public or private
But not if both in a dwelling
Harrasment, alarm or distress S5 poa 1986
A person is guilty of an offence if he uses threatening or abusive words or behaviour, or disorderly behaviour, or displays any writing, sign or other visual representation which Is threatening or abusive within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby
Defences for S5
- No reason to believe anyone was likely to be caused harassment, alarm or distress or that anyone could see the persons activity
- inside a dwelling and no reasons to believe any activity would be seen or heard from outside.
