Public Order Offences Flashcards
(14 cards)
What do we mean by public order offences and when was this made?
- Offending that involves the threat of indiscriminate violence
- Which would lead a reasonably robust person at the time to fear for their own safety
Jeremey Horder
- Public Order Act made in 1986
Regardless of public or private
What is the basis of the public order offence law?
“It is designed for the protection of the bystander. It is a public order offence. Thereare other offences for the protection of persons at whom the violence was aimed”*Professor JCS Smith cited in Leeson v DPP (2010)
What do POA need to balance a mix of
Also to support Freedom of Expression Article 10 + Article 11 Freedom of Assembly + Protecting the public from disorder
Section 1 of POA 1986
Riot - only up to 10 years imprisonment
- 12 people - present together use or threaten unlawful violence for a common purpose and the conduct (taken together)
- Cause a person of reasonable firmness present at the scene to fear for his personal safety
- Each of the persons using unlawful violence for the common purpose is guilty of riot
Check statute book for the rest
S2 of the POA 1986
Violent Disorder - max 5 years
- 3 or more people
- Present together using or threatening unlawful violence
- Immaetrial whether or not the three or more use or threaten unlawful violence simultaneously
See statute book for more
S3 of POA 1986
Affray
-* Leeson v DPP*
D was in a locked room with V at their joint home, no one else being present
While holding a knife, D calmly said to D that she was going to kill V but made no move to do so
V easily disarmed D but reported police to the matter
- Hypothetical Bystander test - Not satisifed someone would not fear for their safety
- OAP, not public order offence
Does a V need to be scared in Affray or s1-3 generally?
“Whether or not the person against whom violence is used or threatened fears for their own safety is quite irrelevant”
Horder
S4 of POA 1986
**Fear or Provocation of Violence
**
- 6 months max
- This is not one that requires indiscriminate violence - but morespecific
Check statute books
No Hypothetical Bystander test
Example of s4, which might be considered unjust to some
**Masterson v Holden **
- Two gay men kissing/cuddling
- Behaviour deemed to be insulting
- Charged s4 fear or provacation of violence
**
Lewis v DPP**
- Anti-abortion protestors held up placards outside an abortion clinic
- Showed 21 week foetus lying large quantity of blood
- Court rejected argument truthful accurate representation cannot be abusive or insulting
S5 POA 1986
Causing harassment, alarm or distress can lead to a fine
- Uses threatening, abusive words or behaviour or disorderly behaviour
- Displays any writing, sign or other visible representation which is threatening or abusive, within the hearing or sight of a person is likely to be caused harassment
- It is a defence for D to prove under s.5(3)
- No need for a victim (Taylor v DPP)
- “Insulting” removed from s.5 in 2014
Examples of actions falling foul of s5
- A Tshirt with a sexual illustration and a slogan saying the Joy of fcuk
- Winodw display of a 4ft-high carved penis
- A Bollocks to Brexit bumper sticker
- A Babygro that said “winner of the egg and sperm race”
What guidance do we get about requirements for words turning from humour to assault?
Abdul v Director of Public Prosecutions
- No universla test to determine when speech crosses the line from legitimate expression into a threat
- Consideration of context, including specific words used, manner in which they were spoke or displayed, and surrounding circumstances is paramount
Is it fair prohibiting parts of freedom of expression for public protection?
**Munim Abdul v DPP [2011]
**
- Starting point is the importance of the right to freedom of expression
- Legitimate protest can be offensive at least to some - and on occasions must be, if it is to have impact
- Justification for intereference with Article 10 must be justifiable
Laws on Protest
Public Order Act Regulations 2023
