Public Order Flashcards
(21 cards)
S3 Public Order Act 1986
- Summary
- Public, private, Dwelling?
- Number of people?
S3 POA - Affray
- Uses/threatens unlawful violence towards another
- his/her conduct would cause person of reasonable firmness-
- present at the scene (person of reasonable firmness doesn’t actually have to be at scene)
- to fear for his/her personal safety
- 2+ people
- Public & private
(also got in notes date & location is a p2p)
S4 Public Order Act 1986
- Summary
- Public, Private, Dwelling?
S4 POA - Fear of provoction or violence
- Using threatening, abusive or insulting words/behaviour
OR - Displaying/distributing to another any writing, signs, visible representation that is abusive/insulting
- W/ intent to cause that person to believe unlawful violence will be used against them or another person (causing other person to feel HAD)
- Public or private place
- Not if sign is seen from inside same dwelling/inside another dwelling
S4A POA Defences
- He was inside dwelling & had no reason to believe words/behaviour used or writing/sign/other visible representation displayed would be seen/heard by a person outside that or any other dwelling
- His conduct was reasonable
S4 POA Sentencing
- Summary
- Up to 6 months or a fine not exceeding level 5 or both
Dwelling definition in public order
- Structure/part of a structure including tent, caravan, vehicle, vessel / other temp moveable structure
- Occupied by a person/shared separately w/ others
- Only used as home / living accom
Racially & religiously aggravated public order offences
S31 Crime & Disorder Act 1998 creates 3 racially or religiously aggravated public order offences:
- S4 - Fear or provocation of violence
- S4A - Intentional HAD
- S5 - HAD
Sections that are not aggravated:
- S1, 2 & 3 POA can’t be racially aggravated under POA bc they’re serious offences w/ high penalties
- If someone commits these offences w/ racial/religious motive - court can still consider this motive when sentencing (S66 Sentencing Act 2020)
S4A Public Order Act 1986
S4A POA - INTENTIONAL HAD
- S4A(1)(a) - Intending to cause HAD, they use threatning, abusive or insulting words or behaviour, or disorderly behaviour
OR
- S4A(2)(b) - Display writing, sign, visible representation which is threatening, abusive or insulting therefore causing another person HAD
- With intent to provoke immediate use of unlawful violence by that person or another
Or
Whereby that person is likely to believe immediate unlawful violence will be used
Or
- It is likely such violence will be provoked
- Can be in public place or private place
- Can not be inside a dwelling if the other person who feels HAD is also inside that or another dwelling
- Can be offence if sign is inside dwelling & someone can see it from the street
S4A POA Sentencing
- Summary
- Up to 6 months or a fine not exceeding level 5 or both
Which POA offence is defined as specifically having power of entry in S17?
S4
Only S4A & 5 don’t have power of entry
S3 POA Sentencing
S3 - Affray
- Either way
- On indictment - Up to 3 years/fine/both
- Summary - Up to 6 months/fine not exceeding statutory max/both
S5 Public Order Act
- Summary
- Number of people
- Public or private?
S5 POA - HAD
a) Uses threatening/abusive words/behaviour or disorderly behaviour or;
b) Displays any writing/sign/other visible representation which is threatening/abusive within hearing/sight of a person likely to be caused HAD
- 2 people
- Public & private
- Not if person offended is inside same dwelling/another dwelling
S5 POA Defences
S5 - HAD
- No reason to believe any person within hearing/sight that was likely to be caused HAD
- Inside dwelling & had no reason to velieve words/behaviour/visual representation would be seen outside that/any other dwelling
- His conduct was reasonable
S2 Public Order Act
- Summary
- Number of people
- Public, private place?
S2 POA - VIOLENT DISORDER
- 3+ people
- Use/threaten unlawful violence
- In such a way that causes person of reasonable firmness at scene to fear for safety
- Public or private place
S2 POA Sentencing
- Either way
- On indictment: 5 years &/or fine
- Summary: 6 month &/or fine up to statutory max
S1 Public Order Act
- Summary
- Number of people
- Public/private place?
S1 - RIOT
- 12+ people together w/ a common purpose
- Use/threaten unlawful violence
- Behaviour must cause person of reasonable firmness to fear for their safety
- Public or private
Public Order: Breach of the Peace
- Summary
- Number of people
- Public/Private place?
BoP (Common Law)
- Not an offence
BoP occurs when an act takes place / is threatened which:
- Harms a person in his presence/property
- Is likely to cause harm
- Puts someone in fear of such harm
- Public/private/dwelling
BoP Police Powers
- BoP not an offence
- Power to intervent & detain by force (arrest) to prevent BoP/its continuance
- Power of entry
- After arrest if likely BoP will re-occur upon detainee’s release from custody - can be held in custody until next sitting of local magistrates’ court
- Court has the power of a bind over in such circumstances
BoP Arrest Powers
Any person may arrest where:
- BoP committed in presence of person making arrest
- Person arresting believes breach will be committed in immediate future by person arrested
- Person making arrest reasonable believes BoP has occured & further breach is threatened
Act & section for Drunk & Disorderly
& Summary
S91 Criminal Justice Act 1967
Any person in public place is guilty while drunk, of disorderly behaviour
Act & Section for Drunk & Incapable
S1 Licensing Act 1902
- Apprehension of person found drunk & incapable in public place
- If person found drunk in any highway/other public place (building or not), or on any licensed premises & appears incapable of taking care of himself, he may be dealt with according to law
S12 Licensing Act 1872
- Details penalties for public drunkeness
- Essentially summary only offence w/ low level fines
