Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Violence & Public Order > Public Order > Flashcards

Public Order Flashcards

1
Q

What section covers Harassment, Alarm and Distress/Disorderly conduct under the Public Order Act 1986?

A

S.5

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the offence type and sentencing for S.5 Public Order- Harassment, Alarm and Distress/Disorderly Conduct?

A

Summary offence only. Fine.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Can S.5 Public Order - Harassment/Alarm and Distress/Disorderly Conduct be committed in a public or private place?

A

Both. Unless the people are in the same dwelling or another dwelling. At least one party has to be in public.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the Points to Prove for S.5 Public Order ?

A

-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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Can S.5 Public order be racially or religiously motivated ?

A

Yes. Under the Crime and Disorder Act 1998.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the easiest way to remember the sections/terms for public order ?

A

S.5 = FUCK
S.4A = FUCK YOU
S.4 = I AM GOING TO FUCK YOU UP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What section covers INTENTIONAL Harassment, Alarm and Distress under the Public Order Act 1986?

A

S.4A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the offence type and sentencing for S.4A Public order ?

A

Summary only offence. Fine.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the points to prove for S.4A (1a) Public Order ?

A

-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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Does S.4A carry a greater penalty than S.5 Public Order?

A

Yes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Can S.4A Public Order be racially or religiously motivated ?

A

Yes. Under the Crime and Disorder Act 1998.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What are Statutory defences for Public Order ?

A
  • 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)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What section covers Public order Act 1986 - Fear or Provocation of Violence?

A

S.4

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What offence type and sentencing covers S.4 Public Order?

A

Summary only offence. Fine.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the points to prove for S.4 Public Order?

A

-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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Can S.4 take place in a public and private place?

A

Yes

17
Q

Can S.4 be racially or religiously motivated ?

A

Yes. Covered under S.31(1(A)) Crime and Disorder Act 1998.

18
Q

What section covers Affray under the Public Order Act 1986 ?

A

S.3

19
Q

What offence type and max sentencing does the offence of Affray carry ?

A

Triable either way. Max 3 years imprisonment.

20
Q

What are the points to prove for Affray?

A

-USED/THREATENED UNLAWFUL VIOLENCE TOWARDS ANOTHER

-HIS CONDUCT WOULD HAVE CAUSED A PERSON OF REASONABLE FIRMNESS TO FEAR FOR PERSONAL SAFETY.

21
Q

How many people have to be involved in Affray ?

A

2 or more.

22
Q

Can Affray be in a private or public place?

A

Yes.

23
Q

What section covers Violent Disorder in the Public Order Act 1986?

A

S.2

24
Q

What offence type and max sentence does Violent disorder carry ?

A

Triable either way. Max 5 years imprisonment.

25
Q

How many People have to be involved for Violent Disorder to occur ?

A

3 or more.

26
Q

Can Violent Disorder be in a private or public place ?

A

Both. Must be directed against a person/persons or property.

27
Q

Is a riot indictable?

A

Yes.

28
Q

What section covers a riot under the Public Order Act 1986 ? And What is the max sentence for a riot?

A

S.1. 10 years imprisonment.

29
Q

What are the points to prove for S.4A (1b) Public Order ?

A

-DISPLAYED WRITING, SIGN OR VISIBLE REPRESENTATION

-CAUSING HARASSMENT/ALARM OR DISTRESS.

-WITH INTENT TO CAUSE A PERSON HARASSMENT, ALARM OR DISTRESS.

-AND ACTUALLY CAUSED HARASSMENT, ALARM OR DISTRESS.

Violence & Public Order (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions