Public Order Act & Offences against the Persons Act Flashcards
Definition of Riot? Maximum sentence?
12 or more people use threatening violence and cause a person of reasonable firmness to fear for their safety.
- The sentence can’t exceed 10 years
Definition of violent disorder? Maximum sentence?
Three or more people must threaten to use unlawful violence and the conduct of them taken together would cause a reasonable person to fear for their life
Maximum sentence of 5 years
Definition of Affray? Maximum Sentence? Give an example of what affray is?
Use or threatening unlawful violence against another person as such would cause a reasonable person, present at the scene to fear for their safety. Can’t just be verbal, has to be backed up by physical action. Must be two people present at the scene
Max of 3 years.
Definition of Fear of provocation of violence? What is the difference between section 4 & 4.a?
Maximum penalty?
Section 4 is using threatenng, abusive or insulting words or behaviour or disordly behaviour with intention to cause someone to fear immediate and unlawful violence.
However Section 4.a is with the intention of causing Harassments, ALARM AND DISTRESS.
Both maximum sentences are 6 months or fine
Definition of Harassments, alarm or distress? Max penalties?
Using threatening, abusive or insulting words or behavior or disorderly behavior within the sight or hearing of a person likely to be caused harassment, alarm or distress (HAD) (no intention and no victim) (Fine)
What is Section 13?
A chief police officer has the power to ban public procession up to three months bt applying to local authority for a banning order which needs subsequent confirmation from the Home secretary.
What is Section 14?
Provides police the power to impose conditions on assemblies “to prevent serious public order, serious criminal damage or serious distruptions to the life of the community”. The conditions are limited to the specifying of:
The number of people who may take part,
The location of the assembly, and
Its maximum duration
What sections relate to racial hatred?
Section 18-23
What does the Offences against the persons Act do?
Whats the problem with this act?
It creates crimes such as : Murder, manslaughter, Assault, bigamy.
This Act is very old, 1881, and can be seen to be very outdated.
