Public Order offences - Public Order Act 1989, Criminal Justice Act 1967, Common Law Flashcards
What are the points to prove for Breach of the Peace - Common Law
Summary
- Behaved in a manner
- Whereby a breach of the peace
- Was occasioned / likely to be occasioned
What are the points to prove for Drunk and Disorderly - S91(1) Criminal Justice Act 1967?
Fine
- While in a public place
- Whilst drunk
- Behaved disorderly
What are the points to prove for S5 Public Order? - Harassment, Alarm and Distress
Summary
Must be in public place, cannot be dwelling to dwelling
(Fuck)
A person is guilty of an offence if he:
(a) uses threatening or abusive words / behaviour, or disorderly behaviour,
OR
(b) displays any writing, sign or other visible representation which is
- Threatening or abusive
- Within the hearing or sight of a person likely to be cause
- Harassment, alarm or distress.
- With intention / an awareness
- That his conduct / actions
- Would have that effect
What are the offence for S4a Public Order - Intentional Harassment, Alarm or Distress?
Summary
(Fuck off)
A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he;
a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
b) displays threatening or abusive writing, sign or other visible representation.
- Thereby causing harassment, alarm or distress to a person.
What is the offence for S4 Public Order Act 1986
Summary
(I’m going to fucking smash you up)
A person is guilty of an offence if he;
● uses towards another person
o threatening, abusive or insulting words or behaviour, or
● distributes or displays
o to another person
o any writing, sign or other visible representation
o which is threatening, abusive or insulting,
With intent to cause that person to believe that immediate unlawful violence will be used against him 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.
What are the points to prove for Affray - S3 Public Order Act 1986
A person is guilty of affray if he
- Uses / threatens
- Unlawful violence
- Towards another
- and their conduct was such as would cause
- A person of reasonable firmness
- to fear for personal safety
What are the points to prove for Violent Disorder - S2 Public Order Act 1986
Either way
Where;
- 3 or more persons present together
- uses / threatens unlawful violence
- conduct would cause fear for personal safety
- to a person of reasonable firmness.
What are the points to prove for Riot - S1 Public Order Act 1986?
Indictable
Where;
- 12 or more person present together
- uses / threatens unlawful violence for common purpose
- conduct would cause fear for personal safety
- to a person of reasonable firmness
What is the definition of Breach of the Peace?
A breach of the peace may occur where
- Harm is done or is likely to be done to a person,
- or harm is likely to be done to his property in his presence,
- or he is in fear of being harmed through assault, affray, riot or disturbance.
Harm is done / Likely to be done to a person / his property in his presence / fear of being harmed through Assault, Affray, Riot or Disturbance
