Public Order Offence in UK Law
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R v Howell (Errol)
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We are emboldened to say that there is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence to his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance.
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R v Graham
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The second requires an exercise of judgment, and will involve consideration of the public interest and the legitimate interests of the defendant. The public interest is generally served by the prosecution of those reasonably suspected on available evidence of serious crime, if such prosecution can be conducted without unfairness to or oppression of the defendant.
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R v C (P)
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In short, therefore, if an extended sentence, with if required the additional support of other orders, can achieve appropriate public protection against the risk posed by the individual offender, the extended sentence rather than imprisonment for public protection should be ordered.
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R v Rimmington; R v Goldstein (Harry Chaim)
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There are two guiding principles: no one should be punished under a law unless it is sufficiently clear and certain to enable him to know what conduct is forbidden before he does it; and no one should be punished for any act which was not clearly and ascertainably punishable when the act was done. If the ambit of a common law offence is to be enlarged, it "must be done step by step on a case by case basis and not with one large leap"
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Cozens v Brutus
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The meaning of an ordinary word of the English language is not a question of law. If the context shows that a word is used in an unusual sense the Court will determine in other words what that unusual sense is. It is for the tribunal which decides the case to consider, not as law but as fact, whether in the whole circumstances the words of the statute do or do not as a matter of ordinary usage of the English language cover or apply to the facts which have been proved.
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R v Ashton; R v Draz; R v O'Reilly
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If the answer to that question is no, then the court should go on to consider the interests of justice generally, and most particularly whether there is a real possibility that either the prosecution or the defence may suffer prejudice on account of the procedural failure.
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R v Margaret Jones; Swain v DPP; R v Arthur Milling; R v Toby Olditch; R v Philip Pritchard
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These reasons, taken together, are very strong grounds for rejecting the appellants' contention, since they reflect what has become an important democratic principle in this country: that it is for those representing the people of the country in Parliament, not the executive and not the judges, to decide what conduct should be treated as lying so far outside the bounds of what is acceptable in our society as to attract criminal penalties.
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Modern Slavery Act 2015
... ... (1) A person commits an offence if—(a) the person holds another person in ... make a slavery and trafficking reparation order against a person if—(a) the person has been ... the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate ... ...
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Serious Crime Act 2015
... ... of drug-cutting agents; to make it an offence to possess an item that contains advice or ... it appears to a court making a confiscation order that- ... (a) there is property held by the ... believing that the order would protect the public by preventing, restricting or disrupting ... ...
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Anti-social Behaviour, Crime and Policing Act 2014
... ... with the requirements of any other court order or injunction to which the respondent may be ... the likelihood of—(a) members of the public in the locality being harassed, alarmed or ... excuse to comply with the direction is an offence ... (7) If the constable reasonably believes ... ...
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Sentencing Act 2020
... ... apply where a person is convicted of an offence before F11 December 2020 ... (2) Accordingly, ... 3: Deferment order ... (1) In this Code “deferment order” means ... to section 25 of the Criminal Justice and Public Order Act 1994 (restrictions on granting bail) , ... ...
- Racially Aggravated Public Order Offence: Sufficiency of Partial Racial Hostility
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Hate crimes and the law: Introducing caste hatred as a public order offence
The UK government has been provided with evidence that minorities who are of South Asian origin suffer discrimination based on ‘caste’ which is a particular characteristic of Indian sub-continental...
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Allowing Free Speech and Prohibiting Persecution—A Contemporary Sophie's Choice
This article considers the approach of three distinct common law jurisdictions to the problems faced by courts when an individual's right to freedom of expression is invoked as a defence to a low-l...... ... is invoked as a defence to a low-level public order offence. The contrasting approach of courts ... ...
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Managing the Unmanageable
This article analyses the current context and the use of the public order offence of ‘riot’ held in s. 1 of the Public Order Act 1986. It examines the historical roots of the statutory offence and ...... ... Article Managing the Unmanageable: The Offence of Riot in England and Wales Ashley Jane Lowerson ... the current context and the use of the public order offence of ‘riot’ held in s. 1 of the ... ...
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High Court Quashes Convictions For Lesser Alternatives
... ... was convicted of 3 racially aggravated public order offences. He was also convicted of the 3 ... both the racially aggravated public order offence and the lesser public order offence based on the ... ...
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Bike Cam Prosecutions
... ... pleaded guilty to a public order offence having been shown evidence ... from ... ...
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2010 Bribery Act: Commercial Applicability
The Bribery Act 2010 (Act), heralded as the toughest anti-corruption legislation in the world, comes into force today in the United Kingdom. The Act is designed to address global bribery and to mod...
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Is Offence An Offence?
... ... freedom of speech - boundaries which shift according to changes in public attitudes. But more interesting from a legal point of view is the reaction ... bear would be inciting racial hatred under section 18 of the Public Order Act 1986. However, that offence requires an individual to do something ... ...
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Apply to become someone's deputy (make a declaration)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... you ever been convicted of a criminal offence? ... (Do not include convictions spent under the ... subject to a debt relief order? ... If Yes, please provide details ... Are you ... public duty or role that you think is relevant ... If ... ...
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Notice of application to consider the financial position of the respondent after divorce / dissolution
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... making an application for a financial order you must first attend a Mediation, Information ... violence offence; ... evidence of a relevant police caution for a ... a letter from a public authority confirming that a person with whom a ... ...
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Family mediation information and assessment meeting form
Family forms including the form to apply for a non-molestation order or an occupation order (Form FL401).... ... of the following types of Children Act 1989 order, you must ... first attend a Mediation, ... violence offence; ... evidence of a relevant police caution for a ... a letter from a public authority confirming that a person with whom a ... ...
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Form A
Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.... ... for financial provision (a financial order or other financial remedy) ... except an ... violence offence; ... evidence of a relevant police caution for a ... a letter from a public authority confirming that a person with whom a ... ...