Public Order Flashcards
(120 cards)
1
Q
Which extract of legislation covers Riot?
A
Public Order Act 1986, Section 1
2
Q
How is Riot triable?
A
On indictment, in Crown court
3
Q
What is the penalty for Riot on indictment?
A
10 years’ imprisonment and/or fine
4
Q
How many people need to be present AS A MINIUMUM for Riot?
A
12
5
Q
What is the Actus Reus for Riot?
A
12 people or more gathered together use or threaten unlawful violence for a common purpose
6
Q
What is the test for Riot?
A
Would the conduct of all 12 (or more) people taken together cause a person of reasonable firmness at the scene to fear for their personal safety?
7
Q
Does a person of reasonable firmness need to be present at the scene of the offence for a legitimate charge to be made?
A
No - whilst witnesses may help prove the test, this is a hypothetical test and no member of the public need actually be present
8
Q
Of the 12 or more people contributing to bringing a riot in effect, which of them may actually be charged with riot?
A
Those who have actually used unlawful violence for the common purpose
9
Q
Do the 12 or more using/threatening violence have to do so simultaneously for a legitimate charge of riot?
A
No - the synchronicity is immaterial so long as as the actions are performed
10
Q
Must the common purpose which the 12 or more are using violence for be explicitly apparent or relayed for a legitimate charge of riot?
A
No - it may be inferred from conduct
11
Q
Where can Riot be committed?
A
In public or private
12
Q
What MUST be obtained before a prosecution for Riot can take place?
A
Consent to prosecute from the Director of Public Prosecutions (DPP)
13
Q
What must be evidenced in relation to defendants facing a charge of Riot?
A
That each has USED unlawful violence and not merely threatened it
14
Q
Must at least 12 persons be able to be prosecuted for Riot for a charge to be made?
A
No - the 12 persons criteria applies to the need for this many at least to be using/threatening unlawful violence towards a common purposed. The prosecution applies only to those USING violence and can be a lesser number
15
Q
What Mens Rea needs to be proven for a prosecution for Riot (2 points)
A
1) That the defendant intended to use/threaten violence
2) They were aware their conduct may have been violent
16
Q
Must the common purpose be preplanned by the defendants for a charge of Riot?
A
No - this common purpose can arise spontaneously and need not have been preplanned
17
Q
Must the common purpose of the defendant’s actions itself be unlawful for a charge of Riot?
A
No - it need not be unlawful i.e. the purpose could be to get into a rock concern etc.
18
Q
What is the definition of “Unlawful violence” according to the Section 8, Public Order Act 1986 definition?
A
Violent conduct towards property as well as violent conduct towards persons (except in affray)
19
Q
What is the one exception to the definition of Unlawful violence” according to that found in Section 8, Public Order Act 1986?
A
Cases of affray
20
Q
What types of “Unlawful violence” are included within the Section 8, Public Order Act 1986 definition? restricted to conduct causing or intending to cause injury or damage?
A
- Conduct causing or intended to causes injury or damage (to persons/property)
- Any other violent conduct i.e. throwing a missile which does not hit the person)
21
Q
Can the defence of self-defence apply to Riot?
A
Yes - only unlawful violence caused or intended is prohibited
22
Q
Is a defence of intoxication available to the defendant for the purpose of all public order offences?
A
No - the defendant’s is taken to be aware of the same things they would have been aware of if not intoxicated
23
Q
What must a defendant prove to be allowed a defence of “intoxication” for any public order offence?
A
Either that
- their intoxication was not self-induced
- that intoxication was SOLELY caused by substances taken in the course of medical treatment
24
Q
What ways is intoxication legitimately understood to be caused in respect of all public order offence?
A
Either by
- drink
- drugs or other means
- a combination of these
25
Which extract of legislation covers Violent Disorder?
Public Order Act 1986, Section 2
26
How is Violent Disorder triable?
Either way, in Crown or Magistrates
27
What is the penalty for Violent Disorder on indictment?
5 years' imprisonment and/or fine
28
What is the penalty for Violent Disorder summarily?
6 months' imprisonment and/or fine
29
How many people need to be present AS A MINIMUM for a charge of Violent Disorder?
3
30
What is the Actus Reus for Violent Disorder?
3 or more people present together use or threaten unlawful violence
31
What is the test for Violent Disorder?
Would the conduct of all 3 (or more) people taken together cause a person of reasonable firmness at the scene to fear for their personal safety?
32
Must the 3 persons have a common purpose for a legitimate charge of Violent Disorder?
No - whilst they may have a common purpose, they need only be present together using/threatening violence
33
Of the 3 or more people contributing to bringing violent disorder about, which of them may actually be charged with riot?
Each of the persons using OR threatening unlawful violence
34
Do the 3 or more using/threatening violence have to do so simultaneously for a legitimate charge of Violent Disorder?
No - the synchronicity is immaterial so long as as the actions are performed
35
Does a person of reasonable firmness need to be present at the scene of the offence for a legitimate charge to be made?
No - whilst witnesses may help prove the test, this is a hypothetical test and no member of the public need actually be present
36
Where can Violent Disorder be committed?
In public or private
37
Must at least 3 persons be able to be prosecuted for Violent Disorder for a charge to be made?
No - the 3 persons criteria applies to the need for at least this many to be present using/threatening unlawful violence. It doesn't require that 3 people be charged - this can be a lesser number
38
Where 3 or more people are charged with Violent Disorder and 1 or 2 are acquitted, must the third defendant also be acquitted?
No - the acquittal of one person on a charge of Violent Disorder does not necessitate the acquittal of all on the same charge SO LONG AS IT CAN BE PROVED there were three or more people using/threatening violence
39
If it cannot be proved that three or more people were present using/threatening violence, how should the court treat defendants?
The court should acquit all defendants
40
Must a common purpose be proven amongst defendants for a prosecution of Violent Disorder?
No - a common purpose need not be proved
41
What Mens Rea needs to be proven for a prosecution of Violent Disorder (2 points)
1) That the defendant intended to use/threaten violence
| 2) They were aware their conduct may have been violent
42
To what can "violence" apply in relation to Section 2, Violent Disorder?
Violence towards people and property
43
Which extract of legislation covers Affray?
Public Order Act 1986, Section 3
44
How is Section 3, Affray triable?
Triable either way
45
What is the penalty for Affray on indictment?
3 years' imprisonment and/or fine
46
What is the penalty for Affray summarily?
6 months' imprisonment and/or fine
47
When is a person guilty of affray (2 things)?
If he uses or threatens unlawful violence towards another AND
his conduct would cause a person of reasonable firmness to fear their personal safety
48
How is a charge of affray considered in court if 2 or more people use/threaten unlawful violence?
The conduct of all using/threatening violence is taken together and considered for affray (as opposed to considering individual roles)
49
For section 3, Affray, can a threat of violence be made by the use of words alone?
No - there must be some action taken also
50
Where can affray be committed?
In public or private
51
What must first be proven in relation to a charge of affray?
1) That the threat of unlawful violence has been made towards a person(s) present at the scene
52
What is the second thing to be proven in relation to a charge of affray having proven the presence of a person at the scene who has been unlawfully threatened?
2) Whether the defendant's conduct would have caused a hypothetical person present at the scene to fear for their safety
53
What would automatically nullify the second matter of proof for a charge of Affray - that the defendant's conduct would cause a hypothetical person fear for their safety?
If the likelihood of a hypothetical person of reasonable firmness being present is low, the second necessity for a charge of Affray cannot be met.
54
If 2 or more people are accused of Affray, can the court attribute individual roles to different people in considering the charge?
No - the conduct of all is taken together in considering if a person of reasonable firmness would have feared for their safety
55
Must the action of threatening violence be conducted by the defendant directly for a legitimate charge of Affray?
No - the actioned accompanying a threat of violence can be made by utilising another object/person i.e. a dog
56
For Section 3 Affray, is it necessary to prove that the defendant's behaviour either was or could have been seen by someone at the time?
No - but there must be a reasonable likelihood of a hypothetical person being able to be present at the scene, even if they were not actually there
57
How is Section 3 Affray different to Sections 1 & 2 in its definition of "Violence"?
Violence does not include conduct to property for Affray.
| It only includes violence causing or intending injury, or other non-property related violence
58
What is the Mens Rea for Section 3, Affray?
The defendant must have either intended to use/threaten violence OR been aware their conduct may have been violent
59
Which extract of legislation covers Fear or Provocation of Violence?
Public Order Act 1986, Section 4
60
How is Section 4, Fear or Provocation of Violence triable?
Summarily, in Magistrates
61
What is the penalty for Section 4, Fear or Provocation of Violence summarily?
6 months' imprisonment and/or fine
62
How is Section 4, Fear or Provocation of Violence triable when Racially/Religiously aggravated?
Either way, in Crown or Magistrates
63
What is the penalty for Section 4, Fear or Provocation of Violence when Racially/Religiously aggravated on indictment?
2 years' imprisonment and/or fine
64
What is the penalty for Section 4, Fear or Provocation of Violence when Racially/Religiously aggravated summarily?
6 months' imprisonment and/or fine
65
What is the first Actus Reus for Section 4, Fear or Provocation of Violence?
The defendant use threatening, abusive or insulting words or behaviour toward another
66
What is the second Actus Reus for Section 4, Fear or Provocation of Violence?
The defendant distributes/displays any writing, sign or visible representation which is threatening, abusive or insulting
67
What is the first Mens Rea Section 4, Fear or Provocation of Violence?
Commits either Actus Reus (Threatening, Abusive Insulting behaviour OR display) with intent to cause the victim to believe immediate unlawful violence will be used against him or another by ANY person
68
What is the second Mens Rea for Section 4, Fear or Provocation of Violence?
Commits either Actus Reus (Threatening, Abusive Insulting behaviour OR display) intending to provoke immediate unlawful violence by that person or ANY other
69
What is the third Mens Rea for Section 4, Fear or Provocation of Violence?
The the victim was likely to believe that immediate unlawful violence would be used as a result of either Actus Reus
70
What is the fourth Mens Rea for Section 4, Fear or Provocation of Violence?
That is is likely that immediate unlawful violence would be used as a result of either Actus Reus
71
Where can Section 4, Fear or Provocation of Violence be committed?
In public or private, EXCEPT in a dwelling and where the victim is also inside the same or another dwelling
72
Does "immediate" need to be instantaneous for the purpose of Section 4, Fear or Provocation of Violence?
No - but it DOES require some close proximity between the acts of the defendant and the apprehended violence with no intervening occurrence
73
What are the 3 qualities which any action of Fear or Provocation of Violence must exhibit?
T- Threatening
A - Abusive
I - Insulting
74
What is the necessary state of mind of the defendant for Section 4, Fear or Provocation of Violence?
The defendant must have intended for, or have been aware their actions might be Threatening, Abusive or Insulting
75
What must also be shown beside the defendant's state of mind for Section 4, Fear or Provocation of Violence?
That the defendant intended the victim believe they or another would be subject to immediate unlawful violence by any person, OR they intended to provoke violence by any person
OR
That it was likely that either the victim would believe immediate unlawful violence would be directed against them OR that there was a likelihood of immediate unlawful violence occurring
76
In relation to the defendant's first Mens Rea of intending the victim to believe that immediate unlawful violence against they or another would be enacted by anyone, does the victim need to have believe this for the Mens Rea to be realised?
No - in relation to this Mens Rea the defendant's INTENT is the only thing that matters, not the victim's belief
77
Must the person in whom the defendant intends to create belief of immediate unlawful violence be the same person at whom the conduct (TAI behaviour/display) is directed?
Yes - the TAI activity must be directed at the same person in whom the defendant wishes to create fear of immediate unlawful violence
78
What is the definition of "dwelling" for Section 4, Fear or Provocation of Violence?
Any structure or part of a structure occupied as a person's home or living accommodation
79
Must a "dwelling" under Section 4, Fear or Provocation of Violence be individually occupied?
No - a Section 4 dwelling can be separate or shared with others but does NOT include any area which ISN'T occupied as a person's home
80
Can a dwelling structure includes a tent/caravan/vehicle/vessel or other temporary movable structure for the purpose of Section 4, Fear or Provocation of Violence?
Yes - these are all dwelling structures for Section 4, Fear or Provocation of Violence
81
Is a person's own garden a "dwelling" for the purposes of Section 4, Fear or Provocation of Violence?
No - a garden is not deemed to be part of a dwelling for this offence
82
Which extract of legislation covers Intentional Harassment, Alarm or Distress?
Public Order Act 1986, Section 4A
83
How is Section 4A. Intentional Harassment, Alarm or Distress triable?
Summarily, in Magistrates
84
What is the penalty for Section 4A, Intentional Harassment, Alarm or Distress?
6 months' imprisonment and/or fine
85
How is Section 4A, Intentional Harassment, Alarm or Distress triable when Racially/Religiously aggravated?
Triable either way, Court or Magistrates
86
What is the penalty for Section 4A, Intentional Harassment, Alarm or Distress when Racially/Religiously aggravated on indictment?
2 years' imprisonment and/or fine
87
What is the penalty for Section 4A, Intentional Harassment, Alarm or Distress when Racially/Religiously aggravated summarily?
6 months' imprisonment and/or fine
88
What is the first required Actus Reus for Section 4A, Intentional Harassment, Alarm or Distress?
```
The defendant uses TAID
Threatening
Abusive
Insulting words or behaviour
OR Disorderly behaviour
```
89
What is the second required Actus Reus for Section 4A, Intentional Harassment, Alarm or Distress?
The defendant displays any writing, sign or other visible representation which is Threatening, Abusive or Insulting
90
What must be the defendant's Mens Rea for either Actus Reus in Section 4A, Intentional Harassment, Alarm or Distress?
They conduct the Actus Reus (TAID activity/display) with INTENT to cause
HARASSMENT, ALARM, or DISTRESS
91
What must be the result of the defendant's Mens Rea and Actus Reus for Section 4A, Intentional Harassment, Alarm or Distress?
It must cause the victim or anyone HARASSMENT, ALARM, or DISTRESS
92
When construing the defendant's words/actions in relation to the Religiously/Racially aggravated form of Section 4A, Intentional Harassment, Alarm or Distress, should the Court have regard for the defendant's own religous/racial status?
No
93
To prove a charge of Section 4A, Intentional Harassment, Alarm or Distress what must be shown (2 things)?
1) That the defendant intended to cause harassment, alarm or distress AND
2) That the defendant did cause harassment, alarm or distress
94
Must the causing of actual harassment, alarm of distress immediately follow the defendant's intention to cause this for a legitimate charge of Section 4A, Intentional Harassment, Alarm or Distress?
No - the Harassment, Alarm or Distress can be caused at any point so long as the intention is there for Section 4A
95
What is the definition of Harassment, Alarm, Distress in regard of Section 4A?
There is no specified definition - assume every day interpretation
96
Can a police officer be caused Harassment, Alarm or Distress, or feel this for someone else present?
Yes - however Police are expected to show fortitude and therefore the causal behaviour for these feelings must go beyond that which would normally be expected in other cases
97
Who decides whether the intent to cause Harassment, Alarm or Distress was present (in relation to racial/religious aggravated charges also)?
The jury
98
If X directs threatening, abusive or insulting behaviour at Y alone, intentionally to cause Harassment, Alarm or Distress and in the course of doing so is racially abusive to Z, is this sufficient for a charge of racially/religiously aggravated Section 4A?
No - racial abusive must be directed to the SAME victim of the Intentional Harassment, Alarm or Distress for a legitimate charge of Racially/Religiously Aggravated Section 4A
99
Is the posting of any threatening, abusive or insulting letter to a victim's house an offence under Section 4A, Intentional Harassment, Alarm or Distress?
No - posting of TAI letters are not strictly a display and therefore not strictly an offence under Section 4A
100
What is the first defence to Section 4A, Intentional Harassment, Alarm or Distress?
The defendant proves he was inside a dwelling at the time of and TAI(D) activity and had no reason to believe his actions would be heard or seen by a person outside that or any other building
101
What is the second defence to Section 4A, Intentional Harassment, Alarm or Distress?
That the defendant believes his conduct was reasonable
102
Which extract of legislation covers Harassment, Alarm or Distress?
Public Order Act 1986, Section 5
103
How is Section 5, Harassment, Alarm or Distress triable?
Summarily, in Magistrates
104
What is the penalty for Section 5, Harassment, Alarm or Distress?
Fine
105
How is Section 5, Harassment, Alarm or Distress triable when Racially/Religiously aggravated?
Summarily, in Magistrates
106
What is the penalty for Section 5, Harassment, Alarm or Distress triable when Racially/Religiously aggravated?
Fine
107
What is the definition of Section 5, Harassment, Alarm or Distress?
A person is guilty if they
1) use threatening/abusive words or behaviour, or disorderly behaviour OR
2) display threatening/abusive writing/sign/visible rep
within the hearing or sight of a person likely to be caused harassment, alarm or distress
108
What are the qualities which any action under Section 5, Harassment, Alarm or Distress which must be displayed?
TAD:
T - Threatening
A - Abusive
D - Disorderly behaviour (only for the words/behaviour - not for display)
109
Is Section 5, Harassment, Alarm or Distress ever triable on indictment as an individual offence?
No - it is always dealt with summarily, even if racially/religiously aggravated
110
What is the definition of "disorderly" for the purpose of Section 5, Harassment, Alarm or Distress?
There is no definition under this offence - the everyday understanding should be used
111
Must is be shown that the disorderly behaviour is itself threatening/abusive or that it created apprehension in any person at which it was directed?
No - it is not necessary to show that disorderly behaviour under Section 5 was threatening/abusive or created apprehension for a charge
112
Is behaviour under Section 5 applicable only to rowdy behaviour?
No - the charge can extend to ANY behaviour that can be construed as threatening/abusive. It need not be rowdy.
113
What evidence must be supplied for a prosecution under Section 5, Harassment, Alarm or Distress?
That there was someone present who could see or hear the defendant's actions (the prosecution does not need to call evidence to this effect, however)
114
Can police constables be victims of Section 5, Harassment, Alarm or Distress
Yes - however Police are expected to show fortitude and therefore the causal behaviour for these feelings must go beyond that which would normally be expected in other cases
115
What is the Mens Rea for Section 5, Harassment, Alarm or Distress?
The defendant must either have intended their words/actions/display to have been threatening, abusive or disorderly OR been aware it may have been
116
Where can Section 5, Harassment, Alarm or Distress be committed?
In public or private, EXCEPT in a dwelling and where the victim is also inside the same or another dwelling (a person's own garden is NOT a dwelling under Section 5)
117
What is the first available defence to Section 5, Harassment, Alarm or Distress be committed?
1) The defendant had no reason to believe there was any person within hearing or sight would be likely to be caused harassment, alarm or distress
118
What is the second available defence to Section 5, Harassment, Alarm or Distress be committed?
2) The defendant proves he was inside a dwelling and had no reason to believe his actions would be heard or seen by a person outside that or any other dwelling
119
What is the third available defence to Section 5, Harassment, Alarm or Distress be committed?
3) The defendant honestly believes his conduct was reasonable
120
Would the right to "going naked" (as with naturists) in public be a defence to Section 5, Harassment, Alarm or Distress?
No - if the defendant was aware that his behaviour may be threatening, abusive, insulting or disorderly the intent is proven and this is a crime
