Public Order

 

Breach of the Peace

Common Law

A breach of the peace occurs wherever and whenever harm is actually done, or is likely to be done to a person, whether by the conduct of the person against who the breach of the peace is alleged, or by someone whom it provokes, OR harm is actually done, or is likely to be done, to a person’s property, in their presence, provided that the natural consequences of such harm is likely to be a violent retaliation, OR a person is genuinely in fear of harm to themselves or their property in their presence, as a result of an assault, affray, riot, unlawful assembly or other disturbance.

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Threatening/Abusive Words/Behaviour

Public Order Act 1986 s5(1)

A person is guilty of an offence if they use threatening, abusive or insulting words or behaviour, or disorderly behaviour, OR displays any writing, sign or other visible representation which is threatening, abusive or insulting within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

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Intentional Harassment, Alarm or Distress

Public Order Act 1986, s4A(1)

A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, OR displays any writing, sign or other visible representation which is threatening, abusive or insulting thereby causing that or another person harassment, alarm or distress.

Points to prove:

S4A(1)(a)

S4A(1)(b)

Sentence:

 

Fear or Provocation of Violence

Public Order Act 1986 s4(1)

A person is guilty of an offence if he uses towards another person threatening, abusive or insulting words or behaviour, OR 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 is likely that such violence will be provoked.

Points to Prove:

S4(1)(a)

S4(1)(b)

Sentence:

 

Affray

Public Order Act 1986 s3(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.

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Violent Disorder

Public Order Act 1986 s2(1)

Where three 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.

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Riot

Public Order 1986 s1(1)

Where twelve 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.

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Use of Words/Behaviour or Display of Written Material (Racial)

Public Order Act 1986 s18(1)

A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence, if he intends to stir up racial hatred, OR having regard to all the circumstances racial hatred is likely to be stirred up thereby.

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Publishing/Distributing Written Material (Racial)

Public Order Act 1986 s19(1)

A person who publishes or distributes written material which is threatening, abusive or insulting is guilty of an offence if he intends thereby to stir up racial hatred, OR having regard to all the circumstances racial hatred is likely to be stirred up thereby.

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Distributing, Showing or Playing a Recording (Racial)

Public Order Act 1986 s23

A person who distributes, or shows or plays, a recording of visual images or sounds which are threatening, abusive or insulting is guilty of an offence if he intends thereby to stir up racial hatred, OR having regard to all the circumstances racial hatred is likely to be stirred up thereby.

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