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Understanding Public Order Offences: Definitions and Legal Cases

This guide delves into the definitions of riot, violent disorder, affray, and fear/provocation of violence under the Public Order Act 1986. It also explores key legal cases, barriers of threatening behavior, and offensive conduct laws. Examining the practical implications of these laws, including arrest powers and requirements for behavior to be considered threatening, abusive, or insulting. The text reviews notable court cases and discusses the compliance of public order laws with the European Convention on Human Rights, emphasizing the concept of proportionality.

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Understanding Public Order Offences: Definitions and Legal Cases

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  1. PUBLIC ORDER LAW 3 • OFFENCES UNDER THE PUBLIC ORDER ACT 1986 • RIOT • Definition – s.1 POA 1986 • Note the requirement for at least 12 of the rioters to have a ‘common purpose’- see R v. Jefferson [1994] 1 All ER 127 • Note the concept of a ‘person of reasonable firmness.’

  2. PUBLIC ORDER LAW 3 • VIOLENT DISORDER • Definition – s.2 POA 1986 • Note the lack of a requirement of a ‘common purpose’. • Mahroof (1988) 88 Cr App R 317 • R v. McGuigan and Cameron (1991) Crim LR 719

  3. PUBLIC ORDER LAW 3 • AFFRAY • Definition – s.3 POA 1986. • Note the requirement that the use or threat of violence must be directed towards a specific person. • Note the test of the effect of the action on the ‘person of reasonable firmness.’ • R v. Sanchez [1996] Crim LR 572

  4. PUBLIC ORDER LAW 3 • Affray Cases: • R v. Davison [1992] Crim LR 31. • R v. Robinson [1993] Crim LR 589 • R v Dixon [1993] Crim LR 591 • I and Ors v DPP [2001] UKHL10

  5. PUBLIC ORDER LAW 3 • Fear or Provocation of Violence • Definition – s.4 POA. • Note the requirement that the behaviour in question must be directed towards a defined individual. • The threat of violence must be ‘immediate.’ R. v. Horseferry Road Magistrates' Court ex p Siadatan [1991] 1 QB 260. • Note the offence in s.4A

  6. PUBLIC ORDER LAW 3 • What is ‘threatening , abusive or insulting?’ • Brutus v. Cozens [1973] AC 854 • Masterton v. Holden [1986] 3 All ER 39. • Note the exception in s.4(2) and its probably unintended effect in Atkin [1989] Crim LR 581

  7. PUBLIC ORDER LAW 3 • Offensive Conduct • Definition – s.5 • Note the arrest power in s.5(4), (5) • What is threatening, abusive or insulting or disorderly conduct? • Vigon v. D.P.P. [1998] Crim LR 289

  8. PUBLIC ORDER LAW 3 • Percy v. DPP [2001] EWHC 1125 (Admin) • Norwood v. DPP [2003] EWHC 1564 (Admin) • Hammond v. DPP [2004] EWHC 69 (Admin) • Note that the conduct must be in the sight or hearing of somebody likely to be caused, ‘harassment, alarm or distress.’ - Holloway v DPP [2004] EWHC 2621 (Admin)

  9. PUBLIC ORDER LAW 3 • Conclusion • Do the various public order laws satisfy the ECHR? • What is ‘proportionate’ in this context?

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