Public order/Violent crime

Question 1

Section 16 Offences against the person 1861 and the definition?

Answer 1

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

Question 2

Section 3 Public order act 1986 and the definition?

Answer 2

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

Question 3

Section 91 Criminal justice act 1967 and the definition?

Answer 3

Drunk and Disorderly

It is an offer to behave in a disorderly manner in a public place whilst drunk

Question 4

What is Breach of the peace?

Answer 4

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

Question 5

What is Section 39 Criminal justice act 1988 and the definition?

Answer 5

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

Question 6

What is Section 4 Public Order Act?

Answer 6

Provocation of Violence
It is an offence to:
• use towards another person
• threatening, abusive or insulting words or behaviour
OR
• distribute or display to another person
• any writing, sign or other visible representation
• which is threatening, abusive or insulting

This offence can be racially or religiously aggravated
(S.31 Crime and Disorder Act 1998)

Question 7

What is Section 4a Public Order Act 1986?

Answer 7

Intentional harassment, alarm or distress.
It is an offence if:
• with intent to cause a person harassment, alarm or distress
• a person uses threatening, abusive, or insulting words or behaviour
• or disorderly behaviour
• or displays any writing, sign, or visible representation;
• which is threatening, abusive, or insulting
• thereby causing that or another person harassment, alarm or distress.

This offence can be racially or religiously aggravated
(S.31 Crime and Disorder Act 1998)

Question 8

What is Section 5 Public Order Act?

Answer 8

Harassment, Alarm or Distress
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

This offence can be racially or religiously aggravated
(S.31 Crime and Disorder Act 1998)

Question 9

What is Section 28 Crime & Disorder Act 1998

Answer 9

Racially or Religiously Aggravated
An offence is racially or religiously aggravated if:
• at the time of committing the offence,
• or immediately before or after doing so,
• the offender demonstrates towards the victim
• hostility based on the victim’s membership (or presumed membership)
• of a racial or religious group;
OR - the offence is motivated (wholly or partly):
• by hostility towards members of a racial or religious grou

Question 10

Section 47 Offences Against the Persons Act 1861

Answer 10

Actual Bodily Harm.
• Loss or breaking of teeth
• Temporary loss of sensory functions, which may include loss of consciousness
• Extensive or multiple bruising
• Displaced broken nose
• Minor fractures
• Minor but not merely superficial, cuts of a sort probably requiring medical treatment (e.g. stitches)
• Psychiatric injury that is more than merely emotions such as fear, distress or panic.

S.47 ABH and S.20 GBH can be racially or religiously aggravated
(S.29 Crime and Disorder Act 1998)

Question 11

Section 18/s.20 Offences Against the Person Act

Answer 11

Grievous Bodily Harm.
• Injury resulting in some permanent disability or visible disfigurement
• Broken or displaced limbs or bones
• Injuries requiring blood transfusion or lengthy treatment.
• Could include the deliberate infecting of someone with HIV

S.18 GBH cannot be racially or religiously aggravated

Wound - A wound means a break in the continuity of the skin, this may encompass injures that a relatively minor in nature such as cuts or lacerations, however if charging under s20 the nature of the injury should be considered really serious.

Section 20 of the Offences Against the Person Act 1861. Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument shall be guilty of an offence

Section 18 of the Offences Against the Person Act 1861 creates the offences of wounding or causing grievous bodily harm with intent. ‘Whosoever shall unlawfully and maliciously by any means whatsoever, wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of felony’

Question 12

Assaults on Emergency Workers Act 2018

Answer 12

Introduced on the 13th November 2018
This Act supersedes legislation covering assaulting an emergency service worker in the execution of their duty.
The Act introduces two separate categories:
• Common Assault and Battery
• Aggravating Factor –which is linked to some more serious offences.
Both categories apply when the emergency worker is “acting in the exercise of functions as such a worker*.

Question 13

SECTION 1 – RIOT ​​

Answer 13

SECTION 1 – RIOT ​​

12 or more persons, present together;
Uses or threatens unlawful violence; (all charged must have used unlawful violence)
For a common purpose;
The conduct of them (taken together);
Was such as to cause;
A person of reasonable firmness;
Present at the scene;
To fear for their personal safety.

Question 14

SECTION 2 - VIOLENT DISORDER​

Answer 14

SECTION 2 - VIOLENT DISORDER​

3 or more persons, present together;
Uses or threatens unlawful violence;
So that the conduct of them (taken together) would cause;
A person of reasonable firmness;
Present at the scene;
To fear for their personal safety.

Question 15

SECTION 3 - AFFRAY

Answer 15

SECTION 3 - AFFRAY
A person;
Uses or threatens unlawful violence towards another; (the violence must be towards a person and not property) 
And the conduct is such as would cause;
A person of reasonable firmness;
Present at the scene;
To fear for their personal safety.

Question 16

Hate Crime/ Hate Incident

Answer 16

Hate Crime/ Hate Incident
There is no particular offence titled ‘hate crime’ however this is a term that can be used in conjuncture with a lot of offences.

The Crown Prosecution Service (CPS) define hate crime as:

any criminal offence which is perceived by the victim or any person, to be motivated by hostility or prejudice based on a person’s race or perceived race, religion or perceived religion, sexual orientation or perceived sexual orientation, disability or perceived disability and any crime motivated by hostility or prejudice against a person who is transgender or perceived to be transgender.

Question 17

Racially and Religiously Aggravated Offences

Answer 17

Timing of hostility
–
The wording of section 28(1)(a) states that the demonstration of hostility must be displayed at the time of committing the offence, immediately before or immediately after. The term immediately is important and should be taken into context with the commission of the offence that is aggravated.

In Parry v DPP [2004] EWHC 3112 (Admin) the defendant had thrown nail polish over their neighbours front door causing damage to the door. The defendant went home and was visited 20 minutes later by the police. Whilst speaking to the police the defendant made comments demonstrating hostility towards the victim’s membership of a racial group. The defendant was convicted going down the route of a section 28(1)(a) aggravation. The defendant was convicted at court however on appeal the conviction was quashed. The court held that the statute meant that the hostility must be demonstrated immediately before or after the commission of the offence and not 20 minutes after the substantive offence had taken place.

Demonstration of hostility
–
Section 28(1)(a) requires that the defendant demonstrate hostility immediately before, during or after committing the offence. This demonstration must be an action, such as spoken words, holding up banners or shouting and not a state of mind or thought.

Hostility
–
In both Section 28(1)(a) and Section (1)(b) the term hostility appears. Hostility is not defined within the Crime and Disorder Act. The CPS (2017) state that consideration should be given to diectionary definitions of hostiltiy, which include ill-will, ill-feeling, spite, prejudice, unfriendliness, antagonism, resentment, and dislike.

Motivated by hostility
–
Section 28(1)(b) does concern itself with the state of mind of the offender. In Taylor v DPP [2006] EWHC 1202 states that this can be interpreted as covering hostility in a general sense towards members of a group, irrespective of whether the words or behaviour is specifically aimed towards the victim. The offence will still be racially or religiously aggravated when the commission of the offence is only partly motivated by hatred. In Johnson v DPP [2008] EWHC 509 2 parking attendants were victims of hostility partly because of their membership to a racial group and partly because of their job. It was subsequently held that the offence of racially aggravated Section 5 Public Order Act had been committed as the offence was committed and motivated partly by the victim’s membership of a racial group.

Racial or religious groups
–
Section 28(4) of the Crime and Disorder Act defines racial groups as a group of persons defined by reference to race, colour, nationality or ethnic or religious origins. When considering if the group is a racial group the courts should consider the following;

Does the group have a long-shared history?

Does the group have a cultural tradition of their own?

Is there a common geographical origin or descent from a small number of common ancestors?

Is a common language used?

Is common literature used by that group?

Does the group follow a common religion?

When looking at religious groups, these can be defined by its lack of religious belief as well.

Membership
–
Membership, for the purposes of S28(1)(a) extends to racial and religious groups to include people who associate with that group, for example a white man who has a black partner would potentially fall into the category of member of her racial group and vice versa. Moreover, people who work within certain racial or religious groups within the community could also be regarded as members of those groups. This would not extend to offences that have been aggravated under S28(1)(b) as the hostility is towards members of a racial or religious group generally and does not require a specific victim.