Questions tagged [public-order]

The tag has no usage guidance.

Filter by
Sorted by
Tagged with
-3 votes
0 answers

Does the external display of a banner reading “GLOBALISE THE INTIFADA” from occupied premises breach section 18 Public Order Act 1986?

Does dropping such a banner out of occupied premises constitute an offence under s18 Public Order Action 1986 (use of words or behaviour or display or written material / stirring racial hatred) (or ...
2 votes
2 answers

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. ...
5 votes
1 answer

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 ...
1 vote
1 answer

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 ...
-4 votes
1 answer

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 ...
0 votes
3 answers

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?
-2 votes
2 answers

What law makes intending to cause harassment alarm and distress an offence in the UK? I know that s5 makes conduct “likely to cause” … harassment alarm or distress a crime on a strict liability basis. But what provision makes ...
1 vote
2 answers

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 ...
0 votes
1 answer

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. ...
1 vote
1 answer

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 ...