S4 Fear or Provocation of Violence (HAVE- all about intent) Flashcards
Q: What is the offence of fear or provocation of violence?
S4 Public Order Act 1986
(1) 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 per-son, 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.
Q: What type of offence is it?
Summary offence
6 months imprisonment and/or fine
Q: Is there a racially or religiously aggravated form of the offence?
Yes- under s31(1)(a) Crime and Disorder Act 1998
Triable either way
Maximum sentence of 2 years imprisonment and/or a fine on indictment
Q: What two different forms does the section have?
1(a)- the use of words or behaviour
1(b)- the distribution or display of some kind of any writing, sign or other visible representation
Q: What counts as threatening, abusive or insulting?
Matter of fact for the court to determine on the basis of ordinary standard.
There is no definition provided in the Act.
Q: Do you need to show that someone was affected by the bad behaviour?
No- but you do need to show it was directed at someone!
If the behaviour is considered to be threatening, abusive or insulting (objectively speaking) then it does not matter if anyone was actually threatened, abused or insulted by it.
S4 is not concerned with the effect of the bad behaviour- it is all about intent.
Q: What do you need to show in relation to the direction of the bad behaviour?
Words or behaviour must be deliberately aimed at a particular person or persons.
If someone shouts rude or threatening words to the world whilst alone in his garden which is overheard by a neighbour who is insulted and threatens- this is not a s4.
Q: Does the victim need to be present at the scene?
The victim needs to be present at the scene and able to see or hear the behaviour with his own senses.
It is not enough that it is reported to him later.
Q: Does the immediate unlawful violence have to be instantaneous?
Immediate unlawful violence does not have to be instantaneous, but it must be shown D’s conduct was likely to lead to more than some form of violence at some later date
Q: What does ‘immediate’ mean?
Immediate requires some proximity between the acts of D and the apprehended violence, with no intervening occurrence
Q: What is the MR of fear or provocation of violence?
S6(3)
A person is guilty of an offence under s4 only if he intends his words or behaviour or the writing, sign or other visible representation to be threatening, abusive or insulting or is aware that they may be threatening, abusive or insulting.
Does not have to be shown that the other person actually believed that immediate violence would be used; it has to be shown that D intended to cause him/her to believe it
Q: What is the additional intent that must be proved?
Must prove, not only that D intended his actions to be threatening, abusive or insulting, but also that he either:
(a) intended the person against whom the actions were directed to believe that immediate un-lawful violence would be used against him or someone else either by D himself or some-one else or that he
(b) intended to provoke the immediate use of unlawful violence by that person or someone else.
If you can’t prove either of those intentions, then you must show that the person whom the behaviour was directed at was likely to believe that immediate unlawful violence would be used or that it was likely that immediate unlawful violence would be provoked.
Q: What if D claims he was too intoxicated to know what he was doing, too drunk to form intention or too drunk to be aware that his conduct may have been violent?
Applies to all offences under 1986 Act.
S6- mental element
(1) For the purposes of this section a person whose awareness is impaired by intoxication shall be taken to be aware of that of which he would be aware if not intoxicated, unless he shows either that his intoxication was not self-induced or that it was caused solely by the taking or administration of a substance in the course of medical treatment.
No defence of intoxication- he would be treated as if he was sober.
Q: When can D rely on the intoxication defence?
D will have to prove that the intoxication was not self-induced- eg: his drink was spiked or it resulted only from some form of medication.
It does not have to be prescribed- it could be over the counter medication or off the shelf in a supermarket.
Q: What must D need to prove if he argues that his reaction was caused by medication?
If D tries to argue the medication point, his intoxication must result only from medication and not from the mixing of medication or other form of intoxicant (eg: alcohol)
Intoxicants includes drugs, alcohol and other means.
