Public Order Act 1986

Crynodeb

The Public Order Act 1986 is the principal statute creating public order offences in England and Wales. It replaced the Public Order Act 1936 and several common law offences (including riot, rout, unlawful assembly, and affray) with a hierarchical range of statutory offences calibrated to the seriousness of the conduct. Part I creates six core offences: riot (s.1), violent disorder (s.2), affray (s.3), fear or provocation of violence (s.4), intentional harassment, alarm or distress (s.4A, inserted in 1994), and harassment, alarm or distress (s.5). The offences descend in seriousness: riot requires 12 or more persons using violence for a common purpose; violent disorder requires 3 or more; affray may be committed by one person. Part II gives police powers to impose conditions on and to prohibit public processions and assemblies. Part III creates offences of stirring up racial hatred. Subsequent legislation added offences of stirring up religious hatred (Racial and Religious Hatred Act 2006) and hatred on the grounds of sexual orientation (Criminal Justice and Immigration Act 2008). The Act plays a central role in the policing of protests, demonstrations, and public gatherings, and its compatibility with Articles 10 and 11 ECHR (freedom of expression and assembly) has been the subject of significant case law.

Pwyntiau allweddol

• Riot (s.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; maximum 10 years imprisonment
• Violent disorder (s.2) — where 3 or more persons 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; maximum 5 years imprisonment
• Affray (s.3) — a person uses or threatens unlawful violence towards another and the conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety; may be committed in private places; maximum 3 years imprisonment
• Fear or provocation of violence (s.4) — a person uses threatening, abusive, or insulting words or behaviour, or distributes or displays any writing, sign, or other visible representation which is threatening, abusive, or insulting, with intent to cause another to believe that immediate unlawful violence will be used
• Intentional harassment, alarm or distress (s.4A, inserted by CJPOA 1994 s.154) — a person with intent to cause harassment, alarm, or distress uses threatening, abusive, or insulting words or behaviour or disorderly behaviour; maximum 6 months imprisonment; carries a racial or religious aggravation uplift under ss.31-32 CDA 1998
• Harassment, alarm or distress (s.5) — a person uses threatening or abusive words or behaviour or disorderly behaviour, or 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; a summary-only offence
• Conditions on processions and assemblies (ss.12-14) — a senior police officer may impose conditions on a public procession or assembly as to route, location, duration, and numbers, if he reasonably believes serious public disorder, serious damage, or serious disruption to the life of the community is likely
• Stirring up hatred offences (Parts III, IIIA) — offences of using words or behaviour or displaying written material intending or likely to stir up racial hatred (Part III); stirring up religious hatred (Part IIIA, added 2006); stirring up hatred on grounds of sexual orientation (Part IIIB, added 2008)

Rhannau ac adrannau

Hanes diwygiadau