Public Order Act 1986
Encyclopedia
The Public Order Act 1986 (c 64) 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
. It implements recommendations of the Law Commission
.
Section 2 - Violent disorder
Section 3 - Affray
Section 4 - Fear or provocation of violence
Section 4A - Intentional harassment, alarm or distress
: added by section 154 of the Criminal Justice and Public Order Act 1994
Section 5 - Harassment, alarm or distress
, rout
, unlawful assembly
and affray
.
Section 9(2) abolished the offences under:
Section 12 - Imposing conditions on public processions : provides police the power to impose conditions on processions "to prevent serious public disorder, serious criminal damage or serious disruption to the life of the community"
Section 13 - Prohibiting public processions : Chief Police Officer has the power to ban public processions up to three months by applying to local authority for a banning order which needs subsequent confirmation from the Home Secretary
.
Section 14 - Imposing conditions on public assemblies : provides police the power to impose conditions on assemblies "to prevent serious public disorder, serious criminal damage or serious disruption to the life of the community". The conditions are limited to the specifying of:
Section 14A -Prohibiting trespassory assemblies : added by section 70 of the Criminal Justice and Public Order Act 1994
, to control "rave
s"
Section 16 - Public Assembly - Means an assembly of 20 or more persons in a public place which is wholly or partly open to the air.
Part 3A was created by the Racial and Religious Hatred Act 2006
with the insertion of new sections 29A to 29N. This part created new offences for acts intended to stir up religious hatred. Sections 29B to 29N are to be further amended by the Criminal Justice and Immigration Act 2008
when the relevant parts of that act come into force. These further amendments will extend Part 3A to cover intent to stir up hatred on the grounds of sexual orientation
(to be defined in new section 29AB).
, which grants people the rights of (peaceful) assembly and freedom of association with others.
journalists were forced to leave the protests by police who threatened them with arrest.
Acts of Parliament in the United Kingdom
An Act of Parliament in the United Kingdom is a type of legislation called primary legislation. These Acts are passed by the Parliament of the United Kingdom at Westminster, or by the Scottish Parliament at Edinburgh....
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936
Public Order Act 1936
The Public Order Act 1936 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 ....
. It implements recommendations of the Law Commission
Law Commission (England and Wales)
In England and Wales the Law Commission is an independent body set up by Parliament by the Law Commissions Act 1965 in 1965 to keep the law of England and Wales under review and to recommend reforms. The organisation is headed by a Chairman and four Law Commissioners...
.
Part 1 - New offences
Section 1 - RiotSection 2 - Violent disorder
Violent Disorder
Violent disorder is a statutory offence in England and Wales. It is created by of the Public Order Act 1986. Sections 2 to of that Act provide:...
Section 3 - Affray
Affray
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of two or more persons in a public place to the terror of ordinary people...
Section 4 - 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...
Section 4A - Intentional harassment, alarm or distress
Intentional Harassment, Alarm or Distress
Intentional harassment, alarm or distress is a statutory offence in England and Wales. It is an aggravated form of the offence of harassment, alarm or distress under section 5 of the Public Order Act 1986.-The offence:...
: added by section 154 of the Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
Section 5 - Harassment, alarm or distress
Harassment, Alarm or Distress
Harassment, alarm or distress is a statutory offence in England and Wales. It is also a term of art used in sections 4A and 5 of the Public Order Act 1986 .-The offence:...
Section 9 - Offences abolished
Section 9(1) abolished the common law offences of riotRiot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...
, rout
Rout
A rout is commonly defined as a chaotic and disorderly retreat or withdrawal of troops from a battlefield, resulting in the victory of the opposing party, or following defeat, a collapse of discipline, or poor morale. A routed army often degenerates into a sense of "every man for himself" as the...
, unlawful assembly
Unlawful assembly
Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group are about to start the act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot.- Section 144 :Section 144 is a...
and affray
Affray
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of two or more persons in a public place to the terror of ordinary people...
.
Section 9(2) abolished the offences under:
- section 1 of the Tumultuous Petitioning Act 1661Tumultuous Petitioning Act 1661The Tumultuous Petitioning Act 1661 is an Act of the Parliament of England , long title "An Act against Tumults and Disorders upon pretence of preparing or presenting publick Peticions or other Addresses to His Majesty or the Parliament"....
- section 1 of the Shipping Offences Act 1793
- section 23 of the Seditious Meetings Act 1817Seditious Meetings Act 1817The Seditious Meetings Act 1817 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland which made it illegal to hold a meeting of more than 50 people....
- section 5 of the Public Order Act 1936Public Order Act 1936The Public Order Act 1936 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 ....
Part 2 - Processions and assemblies
Section 11 - Advance notice of public processions : requires at least 6 clear days' written notice to be given to the police before most public processions, including details of the intended time and route, and giving the name and address of at least person proposing to organise it; creates offences for the organisers of a procession if they do not give sufficient notice, or if the procession diverges from the notified time or routeSection 12 - Imposing conditions on public processions : provides police the power to impose conditions on processions "to prevent serious public disorder, serious criminal damage or serious disruption to the life of the community"
Section 13 - Prohibiting public processions : Chief Police Officer has the power to ban public processions up to three months by applying to local authority for a banning order which needs subsequent confirmation from the Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
.
Section 14 - Imposing conditions on public assemblies : provides police the power to impose conditions on assemblies "to prevent serious public disorder, serious criminal damage or serious disruption to the life of the community". The conditions are limited to the specifying of:
- the number of people who may take part,
- the location of the assembly, and
- its maximum duration.
Section 14A -Prohibiting trespassory assemblies : added by section 70 of the Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
, to control "rave
Rave
Rave, rave dance, and rave party are parties that originated mostly from acid house parties, which featured fast-paced electronic music and light shows. At these parties people dance and socialize to dance music played by disc jockeys and occasionally live performers...
s"
Section 16 - Public Assembly - Means an assembly of 20 or more persons in a public place which is wholly or partly open to the air.
Parts 3 and 3A- Racial hatred etc.
Part 3 of the Act creates offences of use of words or behaviour or display of written material (section 18), publishing or distributing written material (section 19), public performance of a play (section 20), distributing, showing or playing a recording (section 21), or broadcasting (section 22), if the act is intended to stir up racial hatred, or possession of racially inflammatory material (section 23).Part 3A was created by the Racial and Religious Hatred Act 2006
Racial and Religious Hatred Act 2006
The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion...
with the insertion of new sections 29A to 29N. This part created new offences for acts intended to stir up religious hatred. Sections 29B to 29N are to be further amended by the Criminal Justice and Immigration Act 2008
Criminal Justice and Immigration Act 2008
The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland...
when the relevant parts of that act come into force. These further amendments will extend Part 3A to cover intent to stir up hatred on the grounds of sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
(to be defined in new section 29AB).
The Act and Article 11 of ECHR
The Act should be considered in connection with Article 11 of European Convention on Human RightsEuropean Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
, which grants people the rights of (peaceful) assembly and freedom of association with others.
Misuse of section 14
The Police have been accused of misusing the powers in section 14 on several occasions. During the 2009 G-20 London summit protests2009 G-20 London summit protests
The 2009 G-20 London summit protests occurred in the days around the G-20 summit on 2 April 2009, which was the focus of protests from a number of groups over various long-standing and topical issues...
journalists were forced to leave the protests by police who threatened them with arrest.
External links
- The Public Order Act 1986, as amended, from the National Archives.