Public Order Act 1986

• What Article Rights are concerned with the Public Order Act?

  • Article 10: Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority
  • Article 11: Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests
• What section covers Riots?

  section 1
• How does s1 define Riots?

  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.
• Do all 12 people have to use/threaten violence?

  NO:

  It is not essential whether or not the 12 or more use or threaten unlawful violence simultaneously
• What is not required for a person of reasonable firmness for Riots?

  No person of reasonable firmness need actually be, or be likely to be, present at the scene
• Where can Riots be committed?

  Riot may be committed in private as well as in public places
• What are the AR elements for Riot?

  1. 12 or more people
  2. Common purpose
  3. Violence: can also include criminal damage
  4. Fear for personal safety
• What is the L.P of Mitsui Sumitomo?

  L.P: Held that people are still recognised to be guilty even if they do not commit violence as they have all decided together to riot (common purpose)
• For the last AR element, what must the jury do if there was no person present in the Riot?

  If no person is present, the jury will use an objective test & state that if a person was there, would they fear for their personal safety
• What are the MR elements for Riot?

  1. Must be proved that any person charged shared that common purpose
  2. Intended to use violence or was aware that his conduct might amount to violence
• What section covers Violent Disorder?

  section 2
• How does s2 define Violent disorders?

  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
• Do all 3 people have to use/threaten violence?

  NO:

  It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously
• What is not required for a person of reasonable firmness for Violent disorder?

  No person of reasonable firmness need actually be, or be likely to be, present at the scene.
• Where can Violent disorders be committed?

  Violent disorder may be committed in private as well as in public places.
• What are the AR elements for Violent Disorder?

  1. 3 or more people
  2. Present together: must be in the same place at the same time
  3. Use of threat of unlawful violence: threat occurs when people possess weapons
• What is the L.P of Mahroof? (where four men threatened to set a house on fire if V did not pay them the required money)

  L.P: One person can't be convicted of Violent disorder as the offence requires 3 people
• What is the L.P of Mechen?

  L.P: If the jury is unsure if three people are present during the offence, the jury will be compelled to acquit the Ds
• What is the L.P of O'Harro? (where D went with a group that attacked a shop)

  L.P: Held that even if D did not participate in the violence, his presence still constituted a threat of unlawful force
• What is the L.P of Brodie?

  L.P: Held that Ds following V in the dark but not inflicting unlawful force was still sufficient for Violent disorder as their following constituted a threat of unlawful violence
• What are the MR elements for Violent Disorder?

  Either:

  1. Must be proved that each defendant intended to use or threaten violence
  2. Or that he/she was aware that his conduct might be violent or threaten violence
• What is the L.P of Church [2000]?

  L.P: MR will be established if D accompanied people who had the intention to commit the offence
• What section covers Affray?

  section 3
• How does s3 define Affray?

  (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.
• What is also included in subsection 2 of section 3?

  (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).
• What does subsection 3 of section 3 state for Affrays?

  (3): For the purposes of this section a threat cannot be made by the use of words alone.
• What does subsection 4 of section 3 state for Affrays?

  (4): No person of reasonable firmness need actually be, or be likely to be, present at the scene
• What does subsection 5 of section 3 state for Affrays?

  (5): Affray may be committed in private as well as in public places.
• What are the AR elements for Affray?

  1. Violence by one or more persons
  2. In the presence of at least one innocent person who was terrified
  3. In such a manner that a bystander of reasonably firm character might reasonably be expected to be terrified.
• What is the L.P of Davison? (where D used a knife on a police officer)

  L.P: Held that the test is objective & for public cases, the jury will ask if a person would be put in fear
• What are the MR elements for Affray?

  Either:

  1. Defendant intended to use or threaten violence
  2. Or was aware that his conduct may be violent or threaten violence