Public Order Flashcards
Explain the Sections under the Public order act 1986
- S1 Riot
- S2 Violent disorder
- S3 Affray
- S4 intentional fear or provocation of violence
- S4a intentional harassment, alarm or distress
- S5 Disorderly conduct
Define 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, affray, riot or other disturbance.
Explain an arrest under breach of the peace
A constable or any other person may arrest without warrant any person when:
a. BOP is committed in their presence or
b. Person making arrest believes BOP will be committed in immediate future.
c. BOP has been committed & it is reasonably believed that a renewal of it is threatened.
Explain the powers to enter a premises for BOP
- A police officer may enter & remain on a premises to prevent a BOP
- The right is not absolute, must be weighed against degree of disturbance
- An officer must not remain on private premises once the breach has finished
Define S 5 Public Order Act 1986
Uses threatening or abusive words or behaviour or disorderly behavior within the hearing or sight of a person OR likely to be caused harassment, alarm or distress
Displays any writing, sign or other visible representation which is threatening or abusive in the sight of a person likely to be caused harassment, alarm or distress.
Can be committed in public or private except when it is witnessed only by people in a dwelling.
Explain defences to S 5 Public Order Act 1986
- Could not be heard
- Inside a dwelling
- Reasonable conduct
Explain S 4a POA 1986
A person is guilty of an offence, if with intent to cause a person harassment, alarm or distress, he: uses threatening, abusive, or insulting words or behaviour or disorderly behaviour OR displays any writing, sign or other visible representation which is threatening, abusive or insulting thereby causing that or another person harassment, alarm or distress
intentional harassment, alarm or distress
Can be committed in public or private except when it is witnessed only by people in a dwelling.
State the defences for S 4a POA 1986
- Inside a dwelling
- Reasonable conduct
Define S 4 POA 1986
Use towards another person
threatening abusive or insulting words or behaviour OR
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.
intentional fear or provocation of violence
State the defences for S4 POA 1986
- Inside a dwelling
- Reasonable conduct
Define S 3 POA 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
Define Section 2 POA 1986 (Violent Disorder)
Where 3 or more persons who are present together Use or threatens unlawful violence
And
the conduct of them (taken together) is such would cause a person of reasonable firmness present at the scene to fear for their personal safety
Define S 1 POA 1986 (RIOT)
Where 12 or more persons who are present together
Use or threatens unlawful violence for a common purpose
And the conduct of them (taken together) is such would cause a person of reasonable firmness present at the scene to fear for their personal safety
Explain the difference between S1, S2, and S3 of Public order act 1986
- S1 -Large fight between two rival football gangs
- S2 - Smaller fight in a pub between two families
- S3 - Two people fighting in a beer garden in view of children
Explain S 16 OAP 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
