Public Order Act 1986 Flashcards
What are the 4 main sections of the public order act?
Section 5 - fuck fuck fuck
Section 4a - fuck you
Section 4 - I’m gonna fucking have you
Section 3 - I’m gonna fucking have you + gesture
What are the 3 things that make up the structure of a public order offence?
C.I.O
Conduct (actions/words of indiv)
Intention (mindset - men’s rea)
Outcome (the result of actions)
What is section 5 of PO act 1986?
‘Fuck fuck fuck’
Causing Harassment alarm and distress
‘A person uses words or behaviour, or displays any writing, sign or visible representation, that is threatening, abusive or insulting, or uses disorderly behaviour, within the sight or hearing of a person likely to be caused harassment, alarm or distress thereby’
What is section 4A of the PO act 1986?
‘Fuck You’
Intentional harassment, alarm or distress
‘A person uses words or behaviour or displays any writing, sign or visible representation, that is threatening, abusive or insulting, or uses disorderly behaviour with intent to cause a person harassment, alarm and distress, and whereby a person is caused harassment, alarm and distress’
What is the conduct/intent/outcome/defence for a section 5 PO?
Conduct - the actions and nature of the person (ie shouting/swearing/mooning/hand gestures)
Intention - no intention needed. Just the likelihood of someone being harassed, alarmed or distressed and that the offender is at least aware that their actions may cause HAD
Outcome- there must be a potential outcome
Defence- no offence committed if a person is doing this to another person inside a dwelling (however if directed to a person outside a Dwelling then it is still an offence)
What must there be for a section 4a PO offence?
An intention
A target
An outcome
What is the conduct/intent/outcome/defence for a section 4a PO offence?
Conduct - actions of a person (swearing, shouting, mooning, hand gestures etc) - doesn’t have to be a the person who feels harassed, alarmed or distress.
Intent - prove intention to cause HAD - nature of words /behaviour may be enough
Outcome - someone must be affected (not necessarily the person at whom the words/behaviour is directed)
Defence - the accused is inside a dwelling with no reason to believe their actions could be heard or seen outside. OR their conduct was reasonable.
What is section 4 of PO act 1986?
I’m gonna fucking have you!
Fear or provocation of violence.
‘A person uses towards another person words or behaviour, or displays or distributes any writing, sign or visible representation, that are threatening, abusive or insulting with intent to cause that person to believe that immediate unlawful violence will be used against them or another, by any person, or with intent to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that intended unlawful violence will be used or it is likely that such violence will be provoked’
What is the conduct/intent/outcome/defence for a section 4 PO offence?
Conduct - must be directed at someone
Intent - conduct intended to be threatening, insulting or abusive (or aware that it might be). Intended to cause a person to believe that intense unlawful violence would be used or provoked.
Outcome - 1) fear Or 2) violence will be provoked
Defence - reasonable force used in self defence. Or reasonable force used in prevention of crime
What is section 3 of the PO act 1986?
I’m gonna fuck you up + gesture!
Affray.
‘A person 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’
What is the conduct/intent/outcome/defence for a section 3 PO offence?
Conduct - must be directed towards someone. Includes words and some gestures/actions. Violence must be directed at someone (not property)
Intent - no intention required. Offence can be committed by 1 or more people
Outcome - someone at the scene, of reasonable firmness, must fear for personal safety. May be 2 people fighting.
Defence: self defence
