Violence + Public Order Flashcards
What is Section 39 Criminal justice act 1988?
Common assault / Battery
Common assault… committed when a person intentionally, or recklessly causes another to apprehend the immediate infliction of unlawful force.
Battery… committed when a person intentionally, or recklessly applies unlawful force to another.
Summary offence… up to 6m prison sentence
(can also be racially or religiously aggravated)
What is Section 47 Offence against the persons act 1861?
Assault causing ABH
A person who intentionally or recklessly assaults another, thereby causing Actual Bodily Harm.
can also be racially or religiously aggravated.
table either way. up to 5yrs prison.
What is Breach of the Peace?
A Breach of the Peace is committed whenever harm is done, or is likely to be done to a person, or, in his presence to his property, or, whenever a person is in fear of being harmed through an assault, or other disturbance.
What is Section 20 Offences against the persons act 1861?
Wounding/ Causing GBH
Whosoever shall unlawfully and maliciously wound another person… or to inflict grievous bodily harm upon another person
triable either way.. up to 5yrs prison
What is Section 18 Offences against the persons act 1861?
Wounding/ Causing GBH 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.
Indictable… up to life imprisonment
What is Section 16 Offences against the persons act 1861?
Threats to Kill.
A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence.
Triable either way.. up to 10yrs prison
What is Section 5 Public order act 1986?
Harassment, Alarm and Distress / Disorderly conduct
( “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.
summary offence, sentencing = fine
What is Section 4A Public order act 1986?
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 or abusive 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.
summary offence, sentencing = fine
What is Section 4 Public order act 1986?
Fear or Provocation of Violence
( “FUCK YOU… I’M GOING TO FUCK YOU UP!” )
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.
summary offence, sentencing = fine
What is Section 3 Public order act 1986?
Affray
A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
triable either way, sentence = up to 3years prison
What is Section 2 Public order act 1986?
Violent disorder
Where 3 or more persons who are present together… use or threaten unlawful violence and the conduct of them taken together is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
triable either way… up to 5yrs prison.
What is Section 1 - Prevention of crime act 1953?
Possession of an offensive weapon
Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence
Some defences for possession of an offensive weapon incl:
… They had “good reason or lawful authority” for having the bladed or pointed article
… They had the article for use at work
… They had the article for religious reasons
… They had the article as part of a national costume
What is Section 91 Criminal justice act 1967?
Drunk and Disorderly
An offence for any person who, whilst in any public place, while drunk, displays disorderly behaviour
summary only.. sentencing = fine
