Violence & Public Order Flashcards
What is the legislation for Common Assault / Battery?
Section 39 Criminal Justice Act 1988
Does physical contact need to be made for a common assault?
No
What legislation is behind Assault Occasioning Actual Bodily Harm?
Section 47 Offences Against the Persons Act 1861
What type of offence is Common Assault / Battery?
Summary
What is the maximum sentence for Common Assault / Battery?
6 Months
What type of offence is Assault Occasioning Actual Bodily Harm?
Either Way
What is the maximum sentence for Assault Occasioning Actual Bodily Harm?
5 Years
What is the legislation behind Unlawful Wounding / Inflicting Grievous Bodily Harm?
Section 20 Offences Against the Persons Act 1861
What type of offence is Unlawful Wounding / Inflicting Grievous Bodily Harm?
Either way
What is the maximum sentence for Unlawful Wounding / Inflicting Grievous Bodily Harm?
5 Years
What legislation is behind Wounding / Causing Grievous Bodily Harm with Intent?
Section 18 Offences Against the Persons Act 1861
What type of offence is Wounding / Causing Grievous Bodily Harm with Intent?
Indictable
What is the maximum sentence for Wounding / Causing Grievous Bodily Harm with Intent?
Life
What are factors that may indicate intent?
Repeated Planned Deliberate selection of a weapon Prior threats Kicking victims head
What legislation is behind Threats to Kill?
Section 16 Offences Against the Person Act 1861
What type of offence is Threats to Kill?
Either way
What is the maximum sentence for Threats to Kill?
10 Years
What legislation is behind Harassment, Alarm and Distress / Disorderly Conduct?
Section 5 Public Order Act 1986
What type of offence is Harassment, Alarm and Distress / Disorderly Conduct?
Summary
What is the legislation behind Intentional Harassment, Alarm of Distress?
Section 4A Public Order Act 1986
What type of Offence is Intentional Harassment, Alarm or Distress?
Summary
What is the sentencing for Section 5 Public Order?
Fine
What is the sentencing for Section 4A Public Order?
Fine
What is the legislation behind Fear or Provocation of Violence?
Section 4 Public Order Act 1986
What is the legislation behind Fear or Provocation of Violence?
Section 4 Public Order Act 1986
Type of offence is Fear or Provocation of Violence?
Summary
What is the sentencing for Section 4 Public Order?
Fine
What is the legislation behind Affray?
Section 3 Public Order Act 1986
What type of offence is Affray?
Either way
What is the maximum sentence for Affray?
3 Years
How many people must be present for Affray?
2 or more persons
Can a Public Order offence occur when both parties are in a dwelling?
No, one must be outside, or someone in a public space must hear.
What legislation is behind Violent Disorder?
Section 2 Public Order Act 1986
What type of offence is Violent Disorder?
Either way
What is the maximum sentence for Violent Disorder?
5 Years
How many people are required for Violent Disorder?
3 or more together
What legislation is behind Riot?
Section 1 Public Order Act 1986
What type of offence is Riot?
Indictable
What is the maximum sentence for Riot?
10 Years
How many people are required for Riot?
12 or more together
What is the legislation behind Possession of an Offensive Weapon?
Section 1 The Prevention of Crime Act 1953
What legislation is behind Possession of Points and Blades in a Public Place (or School Premises)?
Section 139 of the Criminal Justice Act 1988
Is a butterknife classed as a bladed article?
Yes
Is a screwdriver classed as a bladed article?
No
What legislation is behind Drunk and Disorderly?
Section 91 Criminal Justice Act 1967
What type of offence is Drunk and Disorderly?
Summary
What is the sentencing for Drunk and Disorderly?
Fine
Give examples of what you should describe in a statement regarding a drunk individual?
• Unsteady on their feet • Speech was slurred • Clothing was dishevelled • Breath smelled of intoxicating liquor (not alcohol, as alcohol itself is technically odourless) • Eyes were glazed He / She was drunk