Public Order Offences and Criminal Damage Flashcards
What is Section 1 of the Public Order Act 1986?
Riot.
Where 12 or more persons
use or threaten unlawful violence for a common purpose and the conduct would cause a person of reasonable firmness to fear for his personal safety,
each of the persons using unlawful violence for the common purpose is guilty of riot.
What is Section 2 of the Public Order Act 1986?
Violent Disorder.
Where 3 or more persons
use or threaten unlawful violence
and the conduct would cause a person of reasonable firmness fear for his personal safety,
each of the persons using or threatening unlawful violence is guilty of violent disorder.
What is Section 3 of the Public Order Act 1986?
Affray
Used or threatened unlawful violence to another (not property)
•Can be committed by a group or individual
•No witness has to be there,but–
•Would a person of reasonable firmness fear for their own
safety?
•Can arrest if both parties are in a dwelling
What is section 4 of the Public Order Act 1986?
Fear or Provocation of Violence
•Intended fear that immediate unlawful violence will be used, more than words used.
•Public or Private, but not both in dwellings.
Where can section 4, 4A and 5 of the Public Order Act 1986 be committed?
may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
What is Section 4A of the Public Order Act 1986?
Intentional Harassment, Alarm or Distress.
Intent required, must cause Harassment Alarm or Distress.
Likely to cause Harassment, Alarm or Distress
Victim must be in public, not private to private
What is Section 5 of the Public Order Act?
Harassment, Alarm or Distress.
No Intent
Likely to cause Harassment, Alarm or Distress
Must be likely a reasonable person would be around, so a public place.
Can be written, said or displayed
What are the statutory defences for Section 5 of the Public Order Act, Harassment, Alarm or Distress.
Defences:
Inside a dwelling,
no reason to believe those outside would hear/see.
OR Conduct was reasonable
What is Section 1 (1) , Criminal Damage Act 1971?
Criminal Damage.
A person who without lawful excuse
destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
What is Section 1 (2) , Criminal Damage Act 1971?
Criminal Damage with Intent to Endanger life.
To damage own property, with intent to endanger another’s life / reckless as to if you endanger another’s life.
What is Section 1 (3) , Criminal Damage Act 1971?
Arson.
An offence committed under this section by destroying or damaging property by fire shall be charged as arson.
What is Section 2, Criminal Damage Act 1971?
Threats to destroy or damage property.
•Intending the other would fear it carried out to another’s property (inc.own)
What is Section 3, Criminal Damage Act 1971?
Possessing anything with intent to destroy or damage property.
anything in custody or control intending without lawful excuse to use it or permit another to use it—
(a)to destroy or damage any property belonging to some other person; or
(b) in a way which he knows is likely to endanger the life of some other person
What is Section 1 of the Sporting Events (Control of Alcohol etc) 1985?
Offences in connection with alcohol on coaches and trains.
A person who knowingly causes or permits alcohol to be carried on a vehicle to which this section applies is guilty of an offence—
(a)if the vehicle is a public service vehicle and he is the operator of the vehicle or the servant or agent of the operator, or
(b)if the vehicle is a hired vehicle and he is the person to whom it is hired or the servant or agent of that person.
A person who has alcohol in his possession while on a vehicle to which this section applies is guilty of an offence.
A person who is drunk on a vehicle to which this section applies is guilty of an offence.
What does Section 7 of the Sporting Events (Control of Alcohol etc) 1985 allow police officers to do?
at any time during the period of a designated sporting event at any designated sports ground, enter any part of the ground for the purpose of enforcing the provisions of this Act.
A constable may search a person he has reasonable grounds to suspect is committing or has committed an offence under this Act
A constable may stop a public service vehicle or a motor vehicle and may search such a vehicle or a railway passenger vehicle if he has reasonable grounds to suspect that an offence under that section is being or has been committed in respect of the vehicle.
