Public Order Act

1. Riot: When 12 or more people use or threaten violence for a common purpose.
2. Violent Disorder: When three or more people use or threaten unlawful violence.
3. Affray: Involves one person using or threatening violence in a way that would make a reasonable person fear for their safety.
4. Harassment, Alarm, or Distress: Outlaws threatening, abusive, or insulting behavior or words in public.
5. Trespassing at events: Also provides controls over public gatherings, protests, and processions, imposing restrictions to prevent serious disruptions.

The Act is frequently invoked during protests or demonstrations to balance the right to peaceful assembly with maintaining public safety.

The Public Order Act 1986 is divided into several key sections, each addressing different types of public order offenses and related powers. Here's a breakdown of the main parts and sections of the Act:

Part I: Offenses Relating to Public Order

1. Section 1: Riot
   • Defines the offense of riot, which involves 12 or more people using or threatening unlawful violence for a common purpose.
2. Section 2: Violent Disorder
   • Involves three or more people using or threatening unlawful violence, and their conduct causes fear for personal safety.
3. Section 3: Affray
   • Involves an individual using or threatening unlawful violence in a way that would cause a reasonable person to fear for their safety.
4. Section 4: Fear or Provocation of Violence
   • Covers using threatening, abusive, or insulting words or behavior with the intent to provoke violence or make others fear violence.
5. Section 4A: Intentional Harassment, Alarm, or Distress
   • Involves using threatening, abusive, or insulting words or behavior with intent to cause harassment, alarm, or distress.
6. Section 5: Harassment, Alarm, or Distress
   • Criminalizes using abusive or insulting words or behavior in public that causes harassment, alarm, or distress, without intent.

Part II: Processions and Assemblies

1. Section 11: Advance Notice of Public Processions
   • Requires organizers of public processions to give advance notice to the police, specifying the date, time, and route.
2. Section 12: Imposing Conditions on Public Processions
   • Allows police to impose conditions on public processions if they believe it may result in serious public disorder, damage to property, or serious disruption to the life of the community.
3. Section 14: Imposing Conditions on Public Assemblies
   • Similar to Section 12 but applies to static assemblies (gatherings) where police believe serious disorder or disruption may occur.
4. Section 14A: Prohibiting Trespassory Assemblies
   • Provides powers to ban assemblies that may trespass on private land and cause serious disruption to the community or significant damage.

Part III: Racial Hatred

1. Sections 17 to 23: Prohibition of Incitement to Racial Hatred
   • Criminalizes actions that stir up racial hatred through the use of threatening, abusive, or insulting language, behavior, or written material.

Part IIIA: Hatred Against Persons on Religious Grounds or Grounds of Sexual Orientation

1. Section 29B to 29G: Prohibition of Incitement to Religious or Homophobic Hatred
   • Expands the scope to cover stirring up hatred against individuals on the basis of their religion or sexual orientation.

Part IV: Supplementary Provisions

1. Section 39: Powers of Arrest
   • Gives police powers to arrest without warrant anyone they reasonably suspect of committing an offense under the Act.
2. Section 40: Prosecutions
   • Specifies who can bring prosecutions for offenses under the Act, including limitations on certain prosecutions without the consent of the Attorney General.

These are the core sections of the Public Order Act 1986, addressing various forms of public disorder, assemblies, and incitement to hatred. The Act allows for a flexible response to maintaining public order while balancing civil liberties.

The Public Order Act 1986 can be misused or applied incorrectly when authorities invoke the wrong section of the Act for a specific situation. These errors often occur due to confusion over the different offenses covered, leading to legal challenges or claims of overreach. Some common ways the Act can be used incorrectly include:

1. Misapplication of Section 5 (Harassment, Alarm, or Distress)

• Issue: Section 5 is often used in minor public disturbances, like protests or offensive speech. However, this section doesn't require intent to cause harm and applies to low-level offensive behavior.
• Problem: It can be misused to suppress free speech, peaceful protests, or non-violent expressions of opinion, which might be better addressed under different sections or laws (e.g., Section 4A for intentional behavior). Misuse here can lead to claims of infringing on civil liberties.

2. Using Section 12 or 14 (Conditions on Processions or Assemblies) Unnecessarily

• Issue: Police may impose conditions on protests or public assemblies when they fear serious disruption or disorder.
• Problem: If these conditions are applied too broadly or without clear evidence of potential disorder, it can be seen as a suppression of the right to peaceful assembly. Instead of using Section 12 or 14 for lawful protests, authorities may incorrectly impose restrictions that stifle legitimate demonstrations.

3. Confusing Affray (Section 3) with Violent Disorder (Section 2)

• Issue: Affray involves one person acting violently or threatening violence, while violent disorder involves at least three people acting similarly.
• Problem: Authorities may wrongfully apply the more serious charge of violent disorder when only a small-scale incident involving fewer than three people occurs. This can lead to overcharging and harsher penalties than warranted.

4. Incitement to Racial or Religious Hatred (Sections 17–23, 29B–29G)

• Issue: These sections prohibit speech that stirs up hatred based on race, religion, or sexual orientation.
• Problem: Misapplication can occur if authorities interpret offensive but non-threatening or non-hateful speech as incitement, potentially infringing on free speech rights. Not all offensive speech qualifies as incitement, and using these sections without clear justification can result in disproportionate restrictions on expression.

5. Overuse of Arrest Powers (Section 39)

• Issue: Police can arrest individuals without a warrant under the Act if they reasonably suspect an offense.
• Problem: Overuse or misjudgment in applying these powers, particularly in situations of peaceful protests or minor disturbances, can lead to claims of unjustified arrests. This may occur when behavior is misinterpreted or when less severe measures (e.g., warnings) would be more appropriate.

General Misuse: Overcriminalization

When the Public Order Act is used to address minor, non-violent, or non-threatening behaviors, authorities risk criminalizing actions that could be handled more proportionally. This misapplication can lead to the perception that the Act is being used to curb civil liberties, such as the rights to free speech and peaceful assembly, rather than focusing on maintaining public safety and order.

In summary, the Act's flexibility is crucial for maintaining public order, but when the wrong sections are used inappropriately, it can lead to disproportionate responses, overreach by authorities, and legal challenges, particularly when peaceful protest or free speech is involved.