Public Order Flashcards
(14 cards)
Criminal Justice Act 1967 Section 91
Drunk and disorderly
Licencing Act 1902 Section 1
Drunk and incapable
Breach of the Peace
Occurs when an act takes place or is threatened:
Which harms a person or in his presence or property or,
which is likely to cause such harm, or,
which puts someone in fear of such harm
BOP Powers
It’s not an offence but provides common law power to:
- intervene and detain by force to prevent its continuance
- A power of entry
- After arrest, held in custody until next sitting of magistrates’ court
Public Order Offences Headings
The correct order from most to least serious is:
* S.1 Riot. (12 or more)
* S.2 Violent disorder. (3 or more, violent manner)
* S.3 Affray. (2 or more, threatening or acting)
* S.4 Fear or provocation of violence. “I’m going to fuck you up”
* S.4A Intentional harassment, alarm or distress. “Fuck you”
*S.5 Harassment, alarm or distress. “Fuck”
Public Order Act 1986 Section 1
Riot
12 or more people
Threaten unlawful violence for a common purpose.
Reasonable firmness test = fear.
Public Order Act 1986 Section 2
Violent Disorder
3 or more people.
Threaten or use unlawful violence.
Reasonable firmness test = fear.
Public Order Act 1986 Section 3
Affray
2 or more people
Threatens or uses unlawful violence.
Reasonable firmness test = fear.
Public Order Act 1986 Section 4
Uses threatening, abusive, or insulting words or behaviours or,
in writing, sign, or visible representation.
No offence when both in dwelling.
Public Order Act 1986 Section 5
(Untargeted) Uses threatening, abusive, or insulting words or behaviours or,
in writing, sign, or visible representation within the hearing or sight of a person.
No offence when both in dwelling.
Public Order Act 1986 Section 4a
Intentional harassment, alarm or distress
With intent to cause person harassment.
Uses threatening, abusive, or insulting words or behaviours or,
in writing, sign, or visible representation.
No offence when both in dwelling.
When does Section 4/4A Public Order Act 1986 become an either-way offence?
When it is racially or religiously aggravated
Is there any power of entry for Section 4 Public Order Act 1986?
Yes, S4 POA 1986 is a specified offence under Section 17 PACE
What defences are there under the Public Order Act 1986?
Suspect had no reason to believe anyone could see or hear
Suspect believes their conduct was reasonable
Suspect believed it could only be seen/heard inside their dwelling
