Public order/Violent crime Flashcards
What is Section 16 Offences against the person 1861 and the definition?
Threats to kill
A person who without lawful excuse makes to another a threat intending that the other would fear it would be carried out to kill that other or a third party shall be guilty of an offence
What is Section 3 Public order act 1986 and the definition?
Affray
A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such a manner it would cause a person of reasonable firmness present at scene to fear for personal safety
What is section 91 Criminal justice act 1967 and the definition?
Drunk and Disorderly
It is an offer to behave in a disorderly manner in a public place whilst drunk
What is Section 18 Offences against the person 1861 and the definition?
Wounding/causing GBH with intent
Whoever shall unlawfully or maliciously by any means whatsoever wounds or causes GBH to any person with intent shall be guilty of an offence
What is Breach of the peace?
A breach of the peace is committed when harm is done or is likely to be done to any person, or in his presence to his property. Or whenever a person is in fear of being harmed through assault or any other disturbances
What is Section 9 Criminal justice act 1988 and the definition?
Common assault/battery
An assault is committed when a person intentionally or recklessly causes another to apprehend the immediate infliction of unlawful force
Battery is committed when a person intentionally or recklessly applies unlawful force to another
What is section 5 Public order act 1986 and the definition?
Harassment, Alarm or distress (FUCK)
A person is guilty of an offence if he -
(a) uses threatening or abusive words or 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 caused harassment, alarm or distress thereby.
What is section 4A Public order act 1986 and the definition?
Intentional harassment, alarm or distress (FUCK YOU)
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 any writing, sign or other visible representation which is threatening, abusive or insulting,
thereby causing that or another person harassment, alarm or distress.
What is section 4 Public order act 1986 and the definition?
Fear or provocation of violence
A person is guilty of an offence if he -
(a) uses towards another person threatening, abusive or insulting words or behaviour, or
(b) 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 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.
What is a defence to section 5, 4A and 4 Public order act 1986?
It is not an offence if it is done dwelling to dwelling
It is an offence done dwelling to public
It is not an offence is someone sees something in a window and has to go out of their way to see it
if someone goes out of their way to swear it is not an offence
