Public Order Flashcards
(29 cards)
What section covers Harassment, Alarm and Distress/Disorderly conduct under the Public Order Act 1986?
S.5
What is the offence type and sentencing for S.5 Public Order- Harassment, Alarm and Distress/Disorderly Conduct?
Summary offence only. Fine.
Can S.5 Public Order - Harassment/Alarm and Distress/Disorderly Conduct be committed in a public or private place?
Both. Unless the people are in the same dwelling or another dwelling. At least one party has to be in public.
What are the Points to Prove for S.5 Public Order ?
-USED THREATENING /ABUSIVE WORDS/BEHAVIOUR OR DISORDERLY BEHAVIOUR.
or
-DISPLAYED ANY WRITING, SIGN OR OTHER VISIBLE REPRESENTATION WHICH IS THREATENING OR ABUSIVE.
-WITHIN HEARING/SIGHT OF A PERSON LIKELY TO BE CAUSED HARASSMENT, ALARM OR DISTRESS.
Can S.5 Public order be racially or religiously motivated ?
Yes. Under the Crime and Disorder Act 1998.
What is the easiest way to remember the sections/terms for public order ?
S.5 = FUCK
S.4A = FUCK YOU
S.4 = I AM GOING TO FUCK YOU UP
What section covers INTENTIONAL Harassment, Alarm and Distress under the Public Order Act 1986?
S.4A
What is the offence type and sentencing for S.4A Public order ?
Summary only offence. Fine.
What are the points to prove for S.4A (1a) Public Order ?
-USED THREATENING /ABUSIVE/ INSULTING WORDS OR BEHAVIOUR.
or
-USED DISORDERLY BEHAVIOUR TOWARDS ANOTHER PERSON
-WITH INTENT TO CAUSE A PERSON HARASSMENT, ALARM OR DISTRESS.
-AND ACTUALLY CAUSED HARASSMENT, ALARM OR DISTRESS.
Does S.4A carry a greater penalty than S.5 Public Order?
Yes.
Can S.4A Public Order be racially or religiously motivated ?
Yes. Under the Crime and Disorder Act 1998.
What are Statutory defences for Public Order ?
- No reason to believe any other person could hear or see. (S.5 only)
- Inside a dwelling and no reason to believe any other person could hear or see outside the dwelling. (S.5 & 4A)
-Conduct was reasonable. (S5 & 4A)
What section covers Public order Act 1986 - Fear or Provocation of Violence?
S.4
What offence type and sentencing covers S.4 Public Order?
Summary only offence. Fine.
What are the points to prove for S.4 Public Order?
-USED TOWARDS ANOTHER PERSON THREATENING /ABUSIVE/ INSULTING WORDS OR BEHAVIOUR.
or
-DISTRIBUTED/DISPLAYED TO ANOTHER WRITING/SIGN/VISIBLE REPRESENTATION WHICH IS THREATENING, ABUSIVE OR INSULTING.
-WITH INTENT TO CAUSE THAT PERSON TO BELIEVE THAT UNLAWFUL VIOLENCE WOULD BE USED AGAINST THEM.
or
-WITH INTENT TO PROVOKE THE IMMEDIATE USE OF UNLAWFUL VIOLENCE WOULD BE USED AGAINST THEM OR ANOTHER
Or
-THAT PERSON WAS LIKELY TO BELIEVE THAT SUCH VIOLENCE WOULD BE USED OR LIKELY THAT SUCH VIOLENCE WOULD BE PROVOKED.
Can S.4 take place in a public and private place?
Yes
Can S.4 be racially or religiously motivated ?
Yes. Covered under S.31(1(A)) Crime and Disorder Act 1998.
What section covers Affray under the Public Order Act 1986 ?
S.3
What offence type and max sentencing does the offence of Affray carry ?
Triable either way. Max 3 years imprisonment.
What are the points to prove for Affray?
-USED/THREATENED UNLAWFUL VIOLENCE TOWARDS ANOTHER
-HIS CONDUCT WOULD HAVE CAUSED A PERSON OF REASONABLE FIRMNESS TO FEAR FOR PERSONAL SAFETY.
How many people have to be involved in Affray ?
2 or more.
Can Affray be in a private or public place?
Yes.
What section covers Violent Disorder in the Public Order Act 1986?
S.2
What offence type and max sentence does Violent disorder carry ?
Triable either way. Max 5 years imprisonment.
