Serious Crime and Other Offences - Public Order Flashcards
What is the legislation for simple drunkenness?
S.12 The Licensing Act 1872
What does s.12 of the Licensing Act 1872 say about drunkness?
- every person found drunk in any public place will be committing an offence and will receive a fine
- cannot be drugs causing the intoxication
What is the legislation for drunk and incapable?
S.1 Licensing Act 1902
What does s.1 of the Licensing Act 1902 say about drunk and incapable?
- if they are unable to take care of themselves, do not take them home, take them to A&E or a safe house
What is the legislation for drunk and disorderly?
S.91(1) Criminal Justice Act 1967
What does s.91(1) of the Criminal Justice Act 1967 say about drunk and disorderly?
- if they are in a public place, while drunk, and guilty of disorderly behaviour, they will be subjected to a fine
How often will checks be carried out if someone is drunk whilst in custody?
Every 30 minutes
Describe to me s.5 of the Public Order Act
- “fuck off” - not directing it to anyone
- only committed in public, however, this could be leaking out of private e.g. from a window
- no need to prove intent to cause harassment, alarm or distress
- (Harassment, Alarm or Distress)
Describe to me s.4(a) of the Public Order Act
- “you fuck off” - directing it at somene
- only committed in public, however, this could be leaking out of private e.g. from a window
- must have intent to cause harassment, alarm or distress
- does not include the distribution of materials (display only)
- (Intentional Harassment, Alarm or Distress)
Describe to me s.4 of the Public Order Act
- “you fuck off or I’ll smack you” - directing it at someone
- only committed in public, however, this could be leaking out of private e.g. from a window
- intent to cause another fear of immediate violence but subject does not have to actually fear violence
- can be through writing/ visible representation (must be threatening/ abusive/ insulting)
Describe to me s.3 of the Public Order Act
- “you fuck off or i”ll smack you” - whilst stepping towards them (has to be more than words)
- can be committed in both public and in private
- can’t be threats against property
- fear for their personal safety
- (Affray)
Describe to me s.2 of the Public Order Act
- “you fuck off or me and my two mates will smack you” - has to be three people or more
- can be committed in both public and in private
- can be words alone
- fear for their personal safety
Describe to me s.1 of the Public Order Act
- “you fuck off or me and my eleven friends will smack you” - has to be twelve people or more
- can be committed in both public and in private
What section of the Public Order Act is about race hate?
s.17
What section of the Public Order Act is about religious hate?
s.29A
