Public Order

Question 1

In a public order situation what must you do before resorting to an arrest?

Answer 1

Use PAW

Persuasion
Advice
Warnings

Question 2

Define a public order offence section 5.

Answer 2

Section 5 of the Public Order Act 1976

A person is guilty of an offence if they use 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.

This is a summary offence and is punishable with a fine.

You can report for summons immediately. To utilise the power of arrest for this offence, you need to justify the arrest using the necessity criteria.

Question 3

State the three defence to a public order offence

Answer 3

1. They had no reason to believe there was any person within hearing or view who was likely to be caused harassment, alarm or distress.
2. They were inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visual representation displayed, could be heard or seen by anyone outside that or any other dwelling.
3. Their conduct was reasonable, they weren’t making that much noise, and they weren’t that bad.

Question 4

Define a public order offence section 4a.

Answer 4

A person is guilty of an offence who…

Intending to cause a person harassment, alarm or distress, either uses threatening, abusive or insulting words 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.

(Section 4a Public Order Act 1986)

This is a summary offence and is punishable a maximum sentence of 6 months

Question 5

What is necessary to prove and offence contrary to Section 4A.

Answer 5

It’s is necessary to obtain a witness statement from a victim. If this is not possible it become necessary to prosecute the offender for an offence contrary to section 5 instead.

Question 6

What are the defences to section 4a of the public order act?

Answer 6

1. The conduct inside a dwelling was done by a person who has no reason to believe it would be seen or heard by a person outside that or another dwelling
2. The conduct was reasonable

Question 7

Define section 4 of the public order act.

Answer 7

A person is guilty of an offence if they use towards another person threatening, abusive or insulting words, actions of 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 them 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 thy such violence will be provoked

Summary offence, maximum of 6 months.

Question 8

Are there any defences from section 5 or 4(a) that apply to 4?

Answer 8

None of the defence provided for Section 5 and 4a applying 4 due to its more extreme nature.