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Questions tagged [public-order]

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What would be the elements of the hate crime in the coconut placard case?

The facts as reported are: On November 11, 37-year-old teacher Marieha Hussain joined thousands of pro-Palestine protesters in London to call for an end to Israel’s war in Gaza. During the rally, she ...
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What are the territorial scopes of sections 4-5 of the Public Order Act 1986?

Sections 4, 4A & 5, Public Order Act 1986 contain offences, do they apply only to England and Wales, or do they also apply to Scotland or Northern Ireland?
TylerDurden's user avatar
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2 answers
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Is it legal in England to publicly proclaim that oneself “hate[s] the Jews”?

Most likely if anything this could be a public order offence (one would think none other than under section 5), but I recently heard someone warned by police that they could be arrested for saying ...
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What’s the difference between a mild, non-physical assault, and s4 POA or Affray?

(POA refers to the Public Order Act 1986.) According to the sentencing council, Common assault is when a person inflicts violence on someone else or makes them think they are going to be attacked. It ...
TylerDurden's user avatar
2 votes
2 answers
289 views

Does the context of one’s displays of Nazi emblems matter to its legality?

In Germany, I understand that openly displaying Nazi symbols is illegal but that is heavily dependent on the context indicating that they are being displayed as a promotion or celebration of Nazism. ...
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5 votes
1 answer
284 views

What is the threshold for "key national infrastructure"?

On Monday 30th October for the first time police used section 7 of the Public Order Act 2023, which bans any act “which interferes with the use or operation of any key national infrastructure in ...
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Can harassment alarm or distress that arises simply by virtue of the content of the views expressed being found objectionable by another be offensive?

If: a person expresses some of their views in the most unobjectionable way that they see possible, that expression causes harassment, alarm, or distress in another, and Some other person finds the ...
TylerDurden's user avatar
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1 answer
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Is police discretion subject to the Public Sector Equality Duty (PSED)?

Polly the police officer is charged with monitoring and policing a large demonstration which is evenly split between pro-X and anti-X factions. Or alternatively lets say it is dominated by ...
TylerDurden's user avatar
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3 answers
183 views

Would or could it be a public order offence (racially/religiously aggravated or otherwise) to burn or mutilate a national flag or a holy scripture?

In the UK, Alice burns a Quran on a public pavement. Bob tears up an Irish flag. Do either of these commit public order offences?
TylerDurden's user avatar
-2 votes
2 answers
148 views

What law makes intending to cause harassment alarm and distress an offence in the UK?

https://www.bbc.co.uk/news/uk-england-leeds-62793135 I know that s5 makes conduct “likely to cause” … harassment alarm or distress a crime on a strict liability basis. But what provision makes ...
TylerDurden's user avatar
1 vote
2 answers
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If Hammond v. DPP EWHC 69 (2004) had taken place in 2008, would it have held?

In 2006 Section 29J was added the Public Order Act 1986 which provides freedom of belief and expression defense for religiously aggravated versions of public order offences. Hammond v DPP applies a ...
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What is - and isn't - "harassment" "alarm" and "distress"?

Certain controversial and seemingly ill defined and subjective provisions like s4a or S5 public order offences, or anti social Behaviour legislation rely on terms like harassment alarm and distress. ...
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1 vote
1 answer
107 views

How are alarm or distress defined in s4A Public Order Act 1986?

If one shouts at another as they pass "shame on you" "traitor" "how do you sleep at night"? Shouldn't these be protected expressions of perfectly reasonable antipathy ...
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