PUBLIC ORDER Flashcards
(6 cards)
BREACH OF PEACE
A BOP is committed whenever harm is done or is likely to be done to a person or in his presence to his property or whenever a person is in fear of being harmed through assault, affect, riot or other disturbance.
- not a criminal offence
- may take place publicly or privately
- police can enter premises under SECTION 4 to prevent a BOP
- punishment is a binding over to be of good behaviour, a person who fails to comply can receive 6 months imprisonment.
SECTION 5 PUBLIC ORDER ACT 1986
Use threatening or abusive words or behaviour or disorderly behaviour or display any writing, sign, or other visible representations which is threatening or abusive within hearing or sight of a person likely to be caused alarm, harassment or distress.
Summary offence - Fine
3 defences:
- no belief any person to be caused A,H,D.
- inside a dwelling
- reasonable conduct
SECTION 4a PUBLIC ORDER ACT
A person is guilty of an offence who INTENDING to cause a person harassment, alarm or distress, EITHER uses threatening, abusive or insulting words or disorder behaviour OR displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress.
Summary offence - 6 months
SECTION 4 PUBLIC ORDER ACT
A person is guilty of an offence if they use towards another person threatening, abusive or insulting words, actions or behaviour or distributed or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting, with intent to cause a person to believe that immediate unlawful violence will be used against them or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to be believe that such violence will be used or it is likely that such violence will be provoked.
Summary offence
SECTION 3 PUBLIC ORDER ACT - AFFRAY
A person is guilty of affray if they use or threaten unlawful violence towards another and their conduct is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.
Points to prove:
- used/threatened unlawful violence towards another
- his conduct would have caused a person of reasonable firmness to fear for personal safety
Either way - 3 years max
SECTION 2 PUBLIC ORDER ACT - VIOLENT DISORDER
Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.
Violent disorder includes violence towards property as well as persons.
Either way - 5 years Max.
