Public order Flashcards
What is act 5 public order?
A person is guilty of an offence if he uses threating or abusive words or behaviour or disorderly behaviour, or
Displays any writing sign or other visible representation which is threating or abusive.
Within the hearing or sight of a person likely to be caused HAD
e.g fuck
What is act 4a public order?
Guilty if with INTENT to cause H.A.D
Uses Threating, abusive, or insulting, words / behaviour/ disorderly behaviour
Or
Displays any writing/ Sign/ other visible Representation which is threating, abusive or insulting towards another thereby causing H,A,D to that person or another
Fuck you
What is act 4 public order?
T/A/I words or behaviour, or distributes or displays any W/S/VR, which is T/A/I INTENDING that person to believe that immediate unlawful; violence will be used against him or another by anyone
OR
Is likely to believe it will be used
OR
Is likely such violence will be provoked
Fuck you I’m
going to kill you
What is public order act 3 (affray)?
A person is guilty of affray if they use or threaten unlawful violence towards another, and their conduct is such as would cause a person of reasonable firmness present at the scene to fear his personal safety
2 or more people must threaten lawful violence, e.g pub fight
- Cannot be verbal
- Can be committed in public or in private
What is the acronym H.A.D?
Harassment
Alarm
Distress
What defence is there to sec 5?
No reason to believe there was anyone in sight or hearing likely to be caused H/A/D
He was inside a dwelling, no reason to believe the words or behaviour or W/S/VR would be seen or heard outside that or any other dwelling
The conduct was reasonable
What defence is there to a 4a?
If inside a dwelling, no reason to believe the words or behaviour or W/S/VR would be seen or heard outside that or any other dwelling
The conduct was reasonable
What is T/A/I
Threatening, abusive, intimidation
What is a public order sect 2? - Violent disorder
Where 3 or more people who are present together:
Use or threaten unlawful violence, and; the conduct of them (taking together) is such that it would cause; a person of reasonable firmness present at the scene of fear for their personal safety; each of the persons using or threating unlawful; violence is guilty of violent disorder.
What is a sect 1? riot
Where 12 or more persons who are present together:
Use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such that it would cause a person of reasonable firmness present at the scene to fear for their personal safety and each of the persons using or threating unlawful violence is guilty of riot
