Public Order Offences

Question 1

What is breach of the peace (common law)?

Answer 1

A breach of the peace generally occurs when:
Harm is done to a person or is likely to be done to a person or in the presence of a person harm is done to his property, or is likely to be done to his property

Or

A person is in fear of being harmed though any assault, riot or other disturbance

Question 2

What is section 5 of the public order act 1986? (Harassment, alarm, distress)

Answer 2

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 visible representation which is threatening or abusing within hearing or sight of a person likely to be cause harassment, alarm or distress by such action.

Abusive language said out loud, does not need to be directed to a certain person

Question 3

What is section 4a of the public order act 1986? (Intentional harassment, alarm, distress)

Answer 3

It is an offence, if with intent to cause a person harassment, alarm or distress:
A person uses threatening or abusive words or behaviour or disorderly behaviour or
Displays any writing, signs or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress

Abusive language said out loud; is directed to an individual or a group

Question 4

What is section 4 of the public order act 1968? (Fear or provocation of violence)

Answer 4

A person is guilty of an offence if they use towards another person threatening, abusive or insulting words or behaviour

Or

Distributes or displays to another person 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 them or another by any person

Or

Provoke the immediate use of unlawful violence by that person or another

Or

Whereby that person is likely to believe such violence will be used or it is likely that such violence will be provoked

Abusive language including a threat of unlawful violence said out loud directed at an individual