User Tools

Site Tools


condensed_public_order

Public Order Act 1986

Riot Riot – Section 1. (1)Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would 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. (2)It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously.(3)The common purpose may be inferred from conduct. (4)No person of reasonable firmness need actually be, or be likely to be, present at the scene. (5)Riot may be committed in private as well as in public places.

Violent disorder- Section 2 (1)Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder. (2)It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously. (3)No person of reasonable firmness need actually be, or be likely to be, present at the scene. (4)Violent disorder may be committed in private as well as in public places

Affray- Section 3 (1)A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety. (2)Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1). (3)For the purposes of this section a threat cannot be made by the use of words alone.(4)No person of reasonable firmness need actually be, or be likely to be, present at the scene. (5)Affray may be committed in private as well as in public places.

Fear or provocation of violence – Section 4

(1)A person is guilty of an offence if he— (a)uses towards another person threatening, abusive or insulting words or behaviour, or (b)distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him 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 believe that such violence will be used or it is likely that such violence will be provoked. (2)An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.

Intentional harassment, alarm or distress - Section 4A

(1)A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—(a)uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or (b)displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress. (2)An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling. (3)It is a defence for the accused to prove— (a)that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or (b)that his conduct was reasonable.

Public Order- Section 5 Harassment, alarm or distress.

(1)A person is guilty of an offence if he— (a)uses threatening or abusive words or behaviour, or disorderly behaviour, or (b)displays any writing, sign or other visible representation which is threatening or abusive, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby. (2)An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling. (3)It is a defence for the accused to prove— (a)that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or (b)that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or ©that his conduct was reasonable.

condensed_public_order.txt · Last modified: 2017/05/09 21:32 by barnaby2015