Public Order Act 1936
Encyclopedia
The Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6) is an Act
of the Parliament of the United Kingdom
passed to control extremist political movements in the 1930s such as the British Union of Fascists
(BUF).
Largely the work of Home Office
civil servant Frank Newsam
, the Act banned the wearing of political uniform
s in any public place or public meeting. It also required police consent for political marches to go ahead (now covered by the Public Order Act 1986
). The Act also prohibited organising, training or equipping an "association of persons ... for the purpose of enabling them to be employed in usurping the functions of the police or of the armed forces of the Crown," or "for the use or display of physical force in promoting any political object."
The Act had the indirect result of actually improving the stance of the BUF. Their forced abandonment of paramilitary and armed tactics improved the party's relations with the police, and in making it more "respectable" increased the BUF appeal among traditionally conservative middle-class citizens, who became the party's main base in the years after the Public Order Act 1936 was passed.
The Act was used extensively against IRA and Sinn Féin
demonstrations in the 1970s, though the Act does not extend to Northern Ireland
. In November 1974, 12 people were each fined the maximum £50 under the Act for wearing black berets at Speakers' Corner
during a Sinn Féin anti-Internment
rally.
The Public Order Act 1936 was also used extensively against the flying pickets during the 1984/5 miner's strike
. The police used it on the grounds of preventing a breach of the peace.
. The offence under this section was abolished by section 9(2)(d) of that Act.
The offence under this section is replaced by the offence of fear or provocation of violence
, contrary to section 4 of the Public Order Act 1986
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
passed to control extremist political movements in the 1930s such as the British Union of Fascists
British Union of Fascists
The British Union was a political party in the United Kingdom formed in 1932 by Sir Oswald Mosley as the British Union of Fascists, in 1936 it changed its name to the British Union of Fascists and National Socialists and then in 1937 to simply the British Union...
(BUF).
Largely the work of Home Office
Home Office
The Home Office is the United Kingdom government department responsible for immigration control, security, and order. As such it is responsible for the police, UK Border Agency, and the Security Service . It is also in charge of government policy on security-related issues such as drugs,...
civil servant Frank Newsam
Frank Newsam
Sir Frank Aubrey Newsam GCB KBE CVO MC was a British civil servant notable for serving as Permanent Under-Secretary of State to the Home Office from 1948 to 1957, although he had been a central figure for many years previously...
, the Act banned the wearing of political uniform
Political uniform
A number of political movements have involved their members wearing uniforms, typically as a way of showing their identity in marches and demonstrations...
s in any public place or public meeting. It also required police consent for political marches to go ahead (now covered by the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
). The Act also prohibited organising, training or equipping an "association of persons ... for the purpose of enabling them to be employed in usurping the functions of the police or of the armed forces of the Crown," or "for the use or display of physical force in promoting any political object."
The Act had the indirect result of actually improving the stance of the BUF. Their forced abandonment of paramilitary and armed tactics improved the party's relations with the police, and in making it more "respectable" increased the BUF appeal among traditionally conservative middle-class citizens, who became the party's main base in the years after the Public Order Act 1936 was passed.
The Act was used extensively against IRA and Sinn Féin
Sinn Féin
Sinn Féin is a left wing, Irish republican political party in Ireland. The name is Irish for "ourselves" or "we ourselves", although it is frequently mistranslated as "ourselves alone". Originating in the Sinn Féin organisation founded in 1905 by Arthur Griffith, it took its current form in 1970...
demonstrations in the 1970s, though the Act does not extend to Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
. In November 1974, 12 people were each fined the maximum £50 under the Act for wearing black berets at Speakers' Corner
Speakers' Corner
A Speakers' Corner is an area where open-air public speaking, debate and discussion are allowed. The original and most noted is in the north-east corner of Hyde Park in London, United Kingdom. Speakers there may speak on any subject, as long as the police consider their speeches lawful, although...
during a Sinn Féin anti-Internment
Internment
Internment is the imprisonment or confinement of people, commonly in large groups, without trial. The Oxford English Dictionary gives the meaning as: "The action of 'interning'; confinement within the limits of a country or place." Most modern usage is about individuals, and there is a distinction...
rally.
The Public Order Act 1936 was also used extensively against the flying pickets during the 1984/5 miner's strike
UK miners' strike (1984–1985)
The UK miners' strike was a major industrial action affecting the British coal industry. It was a defining moment in British industrial relations, and its defeat significantly weakened the British trades union movement...
. The police used it on the grounds of preventing a breach of the peace.
Section 5 - Conduct conducive to breach of the peace
This section created the offence of conduct conducive to breach of the peace. This section was repealed by section 40(3) of, and Schedule 3 to, the Public Order Act 1986Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
. The offence under this section was abolished by section 9(2)(d) of that Act.
The offence under this section is replaced by the offence of fear or provocation of violence
Fear or Provocation of Violence
-The offence:The offence is created by section 4 of the Public Order Act 1986: A person is guilty of an offence if he - uses towards another person threatening, abusive or insulting words or behaviour, or distributes or displays to another person any writing, sign or other visible representation...
, contrary to section 4 of the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
.