Public Order

Question 1

What is the legislation for simple drunkenness?

Answer 1

S.12 The Licensing Act 1872

Question 2

What does s.12 of the Licensing Act 1872 say about drunkness?

Answer 2

• every person found drunk in any public place will be committing an offence and will receive a fine
• cannot be drugs causing the intoxication

Question 3

What is the legislation for drunk and incapable?

Answer 3

S.1 Licensing Act 1902

Question 4

What does s.1 of the Licensing Act 1902 say about drunk and incapable?

Answer 4

• if they are unable to take care of themselves, do not take them home, take them to A&E or a safe house

Question 5

What is the legislation for drunk and disorderly?

Answer 5

S.91(1) Criminal Justice Act 1967

Question 6

What does s.91(1) of the Criminal Justice Act 1967 say about drunk and disorderly?

Answer 6

• if they are in a public place, while drunk, and guilty of disorderly behaviour, they will be subjected to a fine

Question 7

How often will checks be carried out if someone is drunk whilst in custody?

Answer 7

Every 30 minutes

Question 8

Describe to me s.5 of the Public Order Act

Answer 8

• “fuck off” - not directing it to anyone
• only committed in public, however, this could be leaking out of private e.g. from a window
• no need to prove intent to cause harassment, alarm or distress

Question 9

Describe to me s.4(a) of the Public Order Act

Answer 9

• “you fuck off” - directing it at somene
• only committed in public, however, this could be leaking out of private e.g. from a window
• must have intent to cause harassment, alarm or distress
• does not include the distribution of materials (display only)

Question 10

Describe to me s.4 of the Public Order Act

Answer 10

• “you fuck off or I’ll smack you” - directing it at someone
• only committed in public, however, this could be leaking out of private e.g. from a window
• intent to cause another fear of immediate violence but subject does not have to actually fear violence

Question 11

Describe to me s.3 of the Public Order Act

Answer 11

• “you fuck off or i”ll smack you” - whilst stepping towards them (has to be more than words)
• can be committed in both public and in private
• can’t be threats against property
• fear for their personal safety

Question 12

Describe to me s.2 of the Public Order Act

Answer 12

• “you fuck off or me and my two mates will smack you” - has to be three people or more
• can be committed in both public and in private
• can be words alone
• fear for their personal safety

Question 13

Describe to me s.1 of the Public Order Act

Answer 13

• “you fuck off or me and my eleven friends will smack you” - has to be twelve people or more
• can be committed in both public and in private

Question 14

What section of the Public Order Act is about race hate?

Answer 14

s.17

Question 15

What section of the Public Order Act is about religious hate?

Answer 15

s.29A

Question 16

Which section of the Public Order Act is about sexual orientation hate?

Answer 16

s.29AB

Question 17

Which section of the Public Order Act is about stirring up racial hatred?

Answer 17

s.18

Question 18

Which section of the Public Order Act is about intent to stir up racial hate e.g. through publishing or distributing written material?

Answer 18

s.19

Question 19

Which section of the Public Order Act is about having material that demonstrates racial hatred?

Answer 19

s.23

Question 20

What section could be used for anything not mentioned in the Public Order Act regarding hatred?

Answer 20

s.145