Criminal Defence
Public Order Offences
Public Order offences
The criminal law in respect of public order offences is intended to penalise the use of violence and/or intimidation by individuals or groups.
Section 1 — Public Order Act 1986
Riot
Offences
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.
Points to Prove
- ✓ used unlawful violence for a common purpose
- ✓ 12 or more persons present together used/threatened unlawful violence for common purpose
- ✓ conduct would cause fear for personal safety to a person of reasonable firmness
Meanings
Present together
Means that all the people concerned were actually present at the scene of the incident, aiming for a common purpose.
Common purpose (s 1(3))
The common purpose may be inferred from conduct.
Violence
Includes violent conduct towards property as well as violent conduct towards persons. It is not restricted to conduct causing, or intended to cause, injury or damage, but includes any other violent conduct.
Person of reasonable firmness
This test is an objective one by which the court can judge the seriousness of the disturbance using a fixed standard—namely, whether or not a person of reasonable firmness would be put in fear by the conduct.
Defences
Intention
(1) A person is guilty of riot only if he intends to use violence or is aware that his conduct may be violent.
(2) Subsections (1) and (2) do not affect the determination for the purposes of riot or violent disorder of the number of persons who use or threaten violence.
Effect of intoxication
(3) A person whose awareness is impaired by intoxication shall be taken to be aware of that of which he would be aware if not intoxicated, unless he shows either that his intoxication was not self-induced or that it was caused solely by the taking or administration of a substance in the course of medical treatment.
(4) In subsection (5) ‘intoxication’ means any intoxication, whether caused by drink, drugs or other means, or by a combination of means. Public Order Act 1986, s 6
Note
- ▸ Intent or awareness must be proved. Even if intent can only be proved against two people but they were part of a group of, say, 13 who can be shown to have used unlawful violence, the two can still be convicted of riot.
- ▸ The intoxication defence applies to the following offences:
- ▸ Riot—unlawful violence
- ▸ s 2—Violent disorder—unlawful violence
- ▸ s 3—Affray—unlawful violence
- ▸ s 4—Threatening words or behaviour
- ▸ s 5—Harassment, alarm, or distress
Examples of Violent Disorder:
- ▸ Organised or spontaneous large scale acts of violence on people and/or property.
- ▸ Intense attacks on police and other civilian authorities, normal access by emergency services is impeded
- ▸ The scale and ferocity of the disorder, severe disruption and fear is caused to members of the public
- ▸ The violence may have a serious impact upon a significant number of non-participants for a length of time
Allocation and Punishment
Section 2 — Public Order Act 1986
Violent Disorder
Offences
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.
Points to Prove
- ✓ used/threatened unlawful violence
- ✓ three persons present together
- ✓ use/threaten unlawful violence and their conduct (taken together)
- ✓ would cause a person of reasonable firmness present at the scene
- ✓ to fear for their personal safety
Meanings
Present together
Means being in the same place at the same time.
Person of reasonable firmness
This test is an objective one by which the court can judge the seriousness of the disturbance using a fixed standard—namely, whether or not a person of reasonable firmness would be put in fear by the conduct.
Violence
Includes violent conduct towards property as well as violent conduct towards persons. It is not restricted to conduct causing, or intended to cause, injury or damage, but includes any other violent conduct.
Defences
Intention
(1) A person is guilty of riot only if he intends to use violence or is aware that his conduct may be violent.
(2) Subsections (1) and (2) do not affect the determination for the purposes of riot or violent disorder of the number of persons who use or threaten violence.
Effect of intoxication
(3) A person whose awareness is impaired by intoxication shall be taken to be aware of that of which he would be aware if not intoxicated, unless he shows either that his intoxication was not self-induced or that it was caused solely by the taking or administration of a substance in the course of medical treatment.
(4) In subsection (5) ‘intoxication’ means any intoxication, whether caused by drink, drugs or other means, or by a combination of means. Public Order Act 1986, s 6
Examples of Violent Disorder:
- ▸ Fighting involving the use of weapons, between rival groups in a place to which members of the public have access (for example a crowded bar or Town centre) causing severe disruption and/or fear to members of the public
- ▸ Serious disorder at a public event where objects are thrown and other violence is used against and directed towards the police and other civil authorities.
Allocation and Punishment
Magistrates Court: 6/12 months’ imprisonment and/or a fine
Crown Court: Up to 5 years’ imprisonment and/or a fine
Section 3 — Public Order Act 1986
Affray
Offences
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.
Points to Prove
- ✓ used/threatened unlawful violence towards another
- ✓ and their conduct was such as would cause
- ✓ a person of reasonable firmness to fear for personal safety
Meanings
Threatens
A threat cannot be made by the use of words alone.
Conduct
Where two or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purpose of the offence.
Person of reasonable firmness
No person of reasonable firmness need actually be, or be likely to be, present at the scene.
Note
There are at least three parties involved in an affray: the individual making threats; the person subject to the threats; the bystander of reasonable firmness who does not need to be physically present as long as evidence is available to prove that such a person would be affected.
Affray may be committed in private as well.
The accused must have intended to use or threaten unlawful violence; or have been aware that their conduct may be violent or may threaten unlawful violence.
The threat cannot be by words alone.
Examples of Affray:
- ▸ A fight between two or more people in a place where members of the general public are present (for example in a public house, night club, restaurant or street) with a level of violence such as would put them in substantial fear (as opposed to passing concern) for their safety (even though the fighting is not directed towards them)
- ▸ Throwing of objects directed towards a group of people in circumstances where serious injury is or is likely to be caused
- ▸ The wielding of a weapon of a type or in a manner likely to cause people substantial fear for their safety
Defences
Intent (see above)
Effects of intoxication (above)
Allocation and Punishment
Magistrates Court: Maximum 6/12 months’ imprisonment and/or a fine
Crown Court: Maximum 3 years’ imprisonment
Section 4 — Public Order Act 1986
Fear or Provocation of Violence
Section 4 creates the offence of causing fear or provocation of violence, often known as ‘threatening behaviour’.
Offences
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.
Points to Prove
s 4(1)(a) offence
- ✓ use towards another person
- ✓ threatening/abusive/insulting words or behaviour
- ✓ with intent to EITHER
- ✓ cause that person to believe
- ✓ that immediate unlawful violence
- ✓ would be used against them or another
- ✓ by any person OR
- ✓ provoke the immediate use of unlawful violence
- ✓ by that person/another OR
- ✓ that person was likely to believe
- ✓ that such violence would be used OR
- ✓ likely that such violence would be provoked
s 4(1)(b) offence
- ✓ distribute/display
- ✓ to another
- ✓ a writing/sign/visible representation
- ✓ which was threatening/abusive/insulting
- ✓ with intent to EITHER
- ✓ (continue from this point in above offence—to end)
Meanings
Threatening
Includes verbal and physical threats, and also violent conduct.
Abusive
Means using degrading or reviling language.
Insulting
Has been held to mean scorning, especially if insolent or contemptuous.
Intent (see above)
Distribute
Means spread or disperse.
Display
Means a visual presentation.
Note
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 (s 4(2)).
Examples of s4 Fear or Provocation of Violence:
- ▸ Threats made towards innocent bystanders or individuals carrying out public service duties
- ▸ The throwing of objects by a person taking part in a demonstration or other public gathering where no injury is caused
- ▸ Scuffles or incidents of violence or threats of violence committed in the context of a brawl
Defences
Intent
A person is guilty of an offence under s 4 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting.
Intoxication – see above
Allocation and Punishment
Maximum: 6 months imprisonment and or a fine
Section 4A — Public Order Act 1986
Intentional Harassment, Alarm, or Distress
Section 4A of the Public Order Act 1986 creates the offences of intentionally causing a person harassment, alarm, or distress by using threatening, abusive, insulting words or behaviour, or disorderly behaviour; or displaying any writing, sign, or other visible representation that is threatening, abusive, or insulting.
Offences
(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.
Points to Prove
s 4A(1)(a) offence
- ✓ used threatening/abusive/insulting words or behaviour OR
- ✓ used disorderly behaviour towards another person
- ✓ with intent to cause harassment/alarm/distress
- ✓ and actually caused harassment/alarm/distress
s 4A(1)(b) offence
- ✓ displayed writing/sign/other visible representation
- ✓ causing harassment/alarm/distress
- ✓ with intent to cause harassment/alarm/distress
Meanings
Harassment
To subject someone to constant and repeated physical and/or verbal persecution.
Alarm
A frightened anticipation of danger.
Distress
Means to cause trouble, pain, anguish, or hardship.
Intent (see above)
Threatening
Includes verbal and physical threats, and also violent conduct.
Abusive
Using degrading or reviling language.
Insulting
Has been held to mean scorning, especially if insolent or contemptuous.
Disorderly behaviour
The Oxford English Dictionary states ‘unruly, unrestrained, turbulent or riotous behaviour’.
Defences
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.
Note
It requires the intention to cause harassment, alarm or distress to a specific victim. This can usually be proved where there is evidence of specific, directed abuse.
Proving the defendant’s intent is not enough. There must also be evidence of somebody (which need not be the person targeted) suffering actual harassment, alarm or distress as a result. The evidence of this could come from that person themselves or it could come from another witness who can say that the person displayed signs of harassment, alarm or distress.
Factors could include:
- ▸ Sustained abuse
- ▸ Targeting a lone victim
- ▸ Significant effect on victim
Allocation and Punishment
Maximum: 6 months imprisonment and or a fine
Section 5 — Public Order Act 1986
Threatening/Abusive Words/Behaviour
Section 5 of the Public Order Act 1986 creates an offence of being threatening or abusive in a way which is likely to cause harassment, alarm, or distress.
Offences
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.
Points to Prove
- ✓ used threatening/abusive words/behaviour or disorderly behaviour OR
- ✓ displayed writing/sign/visible representation
- ✓ which was threatening or abusive
- ✓ within hearing/sight of a person likely to be caused harassment/alarm/distress
- ✓ intending that those words/that behaviour etc was threatening; OR
- ✓ being aware that such words/behaviour/writing/sign, etc
- ✓ was likely to have that effect
Meanings
Threatening or abusive (see above)
Harassment, alarm, and distress (see above)
Disorderly behaviour (see above)
Defences
Specific
5(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
(c) that his conduct was reasonable.
Intent
6(4) A person is guilty of an offence under section 5 only if he intends his words or behaviour, or the writing, sign, or other visible representation, to be threatening, or abusive, or is aware that it may be threatening, or abusive, or (as the case may be) he intends his behaviour to be or is aware that it may be disorderly.
Intoxication (see above)
Factors might include:
- ▸ Single remark
- ▸ Victim is not alone/isolated
- ▸ Effect is minor/transitory
- ▸ Causing a disturbance in a residential area or common part of a block of flats
- ▸ Persistently shouting abuse or obscenities at passers-by
- ▸ Pestering people waiting to catch public transport or otherwise waiting in a queue
- ▸ Rowdy behaviour in a street late at night which might alarm residents or passers-by
- ▸ Causing a disturbance in a shopping precinct or other area to which the public have access or might otherwise gather
Whether behaviour can be properly categorised as disorderly is a question of fact. Disorderly behaviour does not require any element of violence, actual or threatened; and it includes conduct that is not necessarily threatening or abusive.
There must be a person within the sight or hearing of the suspect who is likely to be caused harassment, alarm or distress by the conduct in question. A police officer may be such a person, but this is a question of fact to be decided in each case by the magistrates.
Allocation and Punishment
Maximum: 6 months imprisonment and or a level 3 fine
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