Public Order and the Law

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Thread 2

What offences, if any, does Max commit when he first addresses the crowd?

This is a good example of how a seemingly straightforward sentence can contain a plethora of offences. In each case, consider whether all the elements of the offence are present.

1. Incitement to riot or violent disorder. (ss1, 2 POA 1986) - what numbers are in the crowd? Would there be a ‘common purpose’? If so, what would it be?



2. Affray (s.3 POA 1986) - is there an identifiable victim? Has Max done anything more than speak?



3. Threatening Behaviour (s4 POA) - Is Max’s conduct threatening, abusive or insulting? Is it aimed at somebody? Do they fear violence?



4. Disorderly Conduct (s.5 POA) - Is Max’s conduct threatening, abusive or insulting? Is somebody likely to suffer ‘harassment, alarm or distress’ because of his conduct?



5. Breach of the peace - does Max breach the peace within the meaning set out in R. v. Howell [1981] 3 All ER 383?
   

 

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