Public Order - legislation

1 Public Order Act 1986 CHAPTER 64 ARRANGEMENT OF SECTIONS PART I NEw OFFENCES Section 1. Riot. 2. Violent disorder. 3. Affray. 4. Fear or provocation of violence. 5. Harassment, alarm or distress. 6. Mental element: miscellaneous. 7. Procedure: miscellaneous. 8. Interpretation. 9. Offences abolished. 10. Construction of other instruments. PART II PROCESSIONS AND ASSEMBLIES 11. Advance notice of Public processions. 12. Imposing conditions on Public processions. 13. Prohibiting Public processions. 14. Imposing conditions on Public assemblies. 15. Delegation. 16. Interpretation. PART III RACIAL HATRED Meaning of "racial hatred" 17. Meaning of " racial hatred ". Acts intended or likely to stir up racial hatred 18. Use of words or behaviour or display of written material.

2 19. Publishing or distributing written material. 20. Public performance of play. A ii c. 64 Public Order Act 1986 Section 21. Distributing, showing or playing a recording. 22. Broadcasting or including programme in cable programme service. Racially inflammatory material 23. Possession of racially inflammatory material. 24. Powers of entry and search. 25. Power to Order forfeiture. Supplementary provisions 26. Savings for reports of parliamentary or judicial proceedings. 27. Procedure and punishment. 28. Offences by corporations. 29. Interpretation. PART IV EXCLUSION ORDERS 30. Exclusion orders. 31. Offences connected with football. 32. Effect of Order . 33. Application to terminate Order . 34. Information. 35. Photographs. 36. Prescribed football matches.

3 37. Extension to other sporting events. PART V MISCELLANEOUS AND GENERAL 38. Contamination of or interference with goods with intention of causing Public alarm or anxiety, etc. 39. Power to direct trespassers to leave land. 40. Amendments, repeals and savings. 41. Commencement. 42. Extent. 43. Short title. SCHEDULES : Schedule 1-Sporting events. Schedule 2-Other amendments. Schedule 3-Repeals. ELIZABETH II Public Order Act 1986 1986 CHAPTER 64 An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to Public Order ; to create new offences relating to Public Order ; to control Public processions and assemblies; to control the stirring up of racial hatred; to provide for the exclusion of certain offenders from sporting events; to create a new offence relating to the contamination of or interference with goods; to confer power to direct certain trespassers to leave land.

4 To amend section 7 of the Conspiracy and Protection of Property Act 1875, section 1 of the Prevention of Crime Act 1953, Part V of the Criminal Justice (Scotland) Act 1980 and the Sporting Events (Control of Alcohol etc.) Act 1985; to repeal certain obsolete or unnecessary enactments; and for connected purposes. [7th November 1986] B E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- PART I NEW OFFENCES (l) Where 12 or more persons who are present together Riot. 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 2 c.

5 64 Public Order Act 1986 PART I his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot. (2) It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously. (3) The common purpose may be inferred from conduct. (4) No person of reasonable firmness need actually be, or be likely to be, present at the scene. (5) Riot may be committed in private as well as in Public places. (6) A person guilty of riot is liable on conviction on indictment to imprisonment for a term not exceeding ten years or a fine or both. Violent (1) Where 3 or more persons who are present together disorder. 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.

6 (2) It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously. (3) No person of reasonable firmness need actually be, or be likely to. be, present at the scene. (4) Violent disorder may be committed in private as well as in Public places. (5) A person guilty of violent disorder is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statu- tory maximum or both. 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.

7 (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). (3) For the purposes of this section a threat cannot be made by the use of words alone. (4) No person of reasonable firmness need actually be, or be likely to be, present at the scene. Public Order Act 1986 c. 64 3 (5) Affray may be committed in private as well as in Public PART i places. (6) A constable may arrest without warrant anyone he reason- ably suspects is committing affray. (7),A person guilty of affray is liable on conviction on indict- ment to imprisonment for a term not exceeding 3 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.

8 4,(D A person is guilty of an offence if he- Fear or (a) uses towards another person threatening, abusive or Provocation insulting words or behaviour, or of violence. (b) distributes or displays to another person any writing, sign or other visible representation which is threaten- ing, abusive or insulting, with intent to cause that person to believe that immediate un- lawful 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. (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 distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.)

9 (3) A constable may arrest without warrant anyone he reason- ably suspects is committing an offence under this section. (4) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not ex- ceeding 6 months or a fine not exceeding level 5 on the standard scale or both. (1) A person is guilty of an offence if he- Harassment, (a) uses threatening, abusive or insulting words or be- alarm or r haviour, or disorderly behaviour, or (b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harass- ment, alarm or distress thereby. (2) An offence under this section may be committed in a Public or a private place, except that no offence is committed 4 c.

10 64 Public Order Act 1986 PART I 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 other person is also inside that or another dwelling. (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. (4) A constable may arrest a person without warrant if- (a) he engages in offensive conduct which the constable warns him to stop, and.