PUBLIC ORDER Flashcards
Where can a breach of the peace occur?
Anywhere; Private or public.
When can a person who has committed a breach of the peace be released?
As soon as it is deemed that the risk of a BOP no longer exists. Unless CPS decide to take action to reduce risk and issue a “binding-over order”.
What does a binding-over order, which is issued by a magistrates court when further action is required to ensure there is no further breach of the peace contain?
-An agreement to pay a fine of the suspect is brought back to court for for another BOP
-Keep the peace for a specified time.
What is section 1 of the Public Order Act 1986?
S1 - Riot
What is section 2 of the Public Order Act 1986?
S2 -Violent disorder
What is section 3 of the Public Order Act 1986?
S3 - Affray
What is section 4 of the Public Order Act 1986?
S4 - Fear or provocation of violence
What is section 4a of the Public Order Act 1986?
S4a- intentional harassment, alarm or distress
What is section 5 of the Public Order Act 1986?
S5- non intentional harassment, alarm or distress.
Is intoxication a defence for a suspect accused a public order offence?
No.
Note- The public order act specifically states that intoxication is not a defence unless; the intoxication was not self induced (spiking)
Or
Was caused through taking prescribed medicine.
A public order offence has been committed in a shared laundry area in a block of flats which is a communal area, can public order be proven in this case despite this area being private?
Yes this can be proven.
Sections 4, 4a and 5 are for the most part only committed in a public place, however, they can still be committed in private under certain conditions.
(See Le Vine vs. DPP 2010)
Can a public order offence be committed in the confines of a private place I.E a dwelling which has caused someone outside of the property on the street to be alarmed or distressed?
Yes.
If a person attaches an offensive poster to their window, which offends a person in the public street outside has a public order offence been committed?
Yes as it is in public view.
If a person attaches an offensive poster to a side window in their home and it causes alarm and distress to someone in the dwelling next door, has a public order offence occurred?
No. Dwelling to dwelling does not count for public order. But other legislation is available for these circumstances.
Can sections 4, 4a and 5 be racially aggravated?
Yes.
For section 5 of the public order act does the suspects conduct have to be directed towards anyone?
No it does not have to be directed, if it is directed towards someone, consider 4a.
For section 5 of the public order act. Does the disorderly conduct have to take place in the presence of someone who can see or hear it?
Yes but the person does not need to be “identifiable”.
For section 5 of the public order act is there any need to prove that the suspect actually intended to cause somebody alarm or distress?
No there is no need to prove the intent, it is enough that their actions would cause somebody alarm or distress.
(Would your nan be alarmed or distressed)
Name the 3 defences for public order section 5, 4a and 4.
-That they had no reason to believe that anybody could see/hear his conduct.
-they had no reason to believe, whilst in a dwelling, that anybody outside could hear them.
-That his conduct was reasonable.
BARRY is at home when he sees a group of youths outside his home vandalising a sign in the street, he opens his door and shouts at them to “fuck off, or he’ll come down and smash their heads in!” The group of youths flee and BARRY is later arrested for a public order offence, does he have a defence?
Yes Barry may have a defence as the court may find that his actions were reasonable in scaring the youths away.
For a section 4 public order offence, must the person receiving the threatening, abusive, insulting words or behaviour actually have to fear the act?
No, it is enough that the suspect INTENDED to cause the fear. It is not needed to prove the victim actually feared.
(Imagine a bouncer who knows MMA not fearing a drunken customer threatening him).
For section 4 of the public order act. If the suspects threat to a victim involved them not actually carrying out the threat but it being done by somebody else can this offence still be proven?
Yes. The threat is enough.
How many people have to be involved in an affray?
One person is sufficient.
(If two or more their actions taken together must be considered)
Can an affray occur with just words? Or does affray have to have a physical threat of violence or use of violence.
For affray the use of words alone are not sufficient. The suspect must intend to use or threaten violence.
