S5 Disorderly Conduct Flashcards
Q: What is the offence of causing HAD?
S5 Public Order Act 1986
(1) 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 dis-tress thereby
Q: What type of offence is this?
Summary offence.
Fine.
Q: What amounts to ‘disorderly behaviour’?
Not defined and ought to be given its ordinary meaning.
It is a question of fact, rather than a question of law.
Q: CPS guidance examples of disorderly behaviour
- causing a disturbance in a residential area or common area of a block of flats
- persistently shouting abuse or obscenities at passers by
- pestering people waiting to catch public transport or waiting in a queue
- rowdy behaviour in a street late at night which might alarm residents or passers -by, especially those that may be vulnerable
- causing a disturbance in a shopping precinct or other area to which the public have access or might otherwise gather
Q: Does there need to be a victim?
The accused must do something within the hearing or sight of someone, someone likely to be caused HAD by his behaviour.
Must be evidence that there was someone present who could see or hear what the accused was doing, though there was no requirement for the prosecution to call evidence to this effect or prove anyone actually heard or saw it so long as someone COULD have heard or seen it.
Q: Example- does there need to be a victim?
2 guys in a park, one sitting on bench, other behaving in a disorderly fashion. He would be in the hearing or sight of the other men. Except the man on the bench is deaf and blind.
This is not s5! The disorderly behaviour is not taking place within the hearing or sight of someone likely to be caused HAD. The only person within hearing or sight cannot do either.
Q: What is needed for s5?
1: Disorderly behaviour
2: Within hearing or sight of someone capable of hearing or seeing
3: Who is likely to be caused HAD.
Q: Can a police officer be harassed, alarmed, or distressed?
Nothing to stop the person likely to have felt HAD from being a police officer acting in the course of his duty. However, police officers are expected to show a certain degree of resilience.
Q: What is the MR?
Accused must intend that his words or behaviour is threatening or abusive or is aware that it may be.
Or he must intend or be aware that his conduct may be disorderly.
Medication rules apply here.
Q: What are the defences to s5?
S5(3) It is a defence for the accused to prove-
(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c) that his conduct was reasonable
Q: Can the offence be committed in public or private?
Offence can be committed in public or private place, but not where the words or behaviour are used by a person inside a dwelling and the other person is inside that or another dwelling.
CANNOT BE IN A DWELLING OR DWELLING-DWELLING!
Q: Easy way to remember the different types of public order
S5- Fuck fuck fuck
S4A- Fuck you- doesn’t need to be a specific person, someone needs to be offended though
S4- I’m going to fucking have you- must be a specific person, no one needs to be offended though
S3- I’m going to fucking have you plus gesture
