Public Order Offence in UK Law

Leading Cases
  • Cozens v Brutus
    • House of Lords
    • 19 Junho 1972

    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.

  • R v Howell (Errol)
    • Court of Appeal (Criminal Division)
    • 13 Abril 1981

    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.

  • R v Graham
    • Court of Appeal (Criminal Division)
    • 25 Outubro 1996

    Before this court could substitute a conviction of an alternative offence the prosecution would have to establish two requirements: (1) that the jury could on the indictment have found the appellant guilty of some other offence (offence B) and (2) that the jury must have been satisfied of facts which proved the appellant guilty of offence B.

    As to (1) it would be sufficient if looking at the indictment (not the evidence) the allegation in the particular count in the indictment expressly or impliedly included an allegation of offence B. A count charging offence A impliedly contains an allegation of offence B if the allegation in the particular count would ordinarily involve an allegation of offence B and on the facts of the particular case did so.

    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.

  • R v C (P)
    • Court of Appeal (Criminal Division)
    • 26 Novembro 2008

    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.

  • R v Rimmington; R v Goldstein (Harry Chaim)
    • House of Lords
    • 27 Outubro 2005

    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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Legislation
  • Modern Slavery Act 2015
    • UK Non-devolved
    • 01 de Janeiro de 2015
    ...... 1 . Offences PART 1 . Offences . Offences Offences . S-1 . ... to make slavery and trafficking reparation orders 8 Power to make slavery and trafficking ... the Freedom of Information Act 2000 (other public bodies and offices: general) at the appropriate ......
  • Criminal Justice and Courts Act 2015
    • UK Non-devolved
    • 01 de Janeiro de 2015
    ...... before and after conviction; to create offences involving ill-treatment or wilful neglect by a ... person is of a description specified in an order made by the Secretary of State.", and. . . (b) ... is not necessary for the protection of the public that P should remain in prison until the end of ......
  • Sentencing Act 2020
    • UK Non-devolved
    • 01 de Janeiro de 2020
    ...... and conditional discharges.Part 6 is about orders relating to conduct.Part 7 is about fines and ... apply where a person is convicted of an offence before the commencement date. . (2) ... to section 25 of the Criminal Justice and Public Order Act 1994 (restrictions on granting bail), ......
  • Policing and Crime Act 2017
    • UK Non-devolved
    • 01 de Janeiro de 2017
    ...... convictions etc for certain abolished offences; to make provision to protect the anonymity of ... would have an adverse effect on public safety or otherwise have an adverse effect on its ....(2) The Secretary of State may by order make provision—(a) authorising the mayor to ......
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Books & Journal Articles
  • Racially Aggravated Public Order Offence: Sufficiency of Partial Racial Hostility
    • Núm. 72-4, August 2008
    • Journal of Criminal Law, The
  • Hate crimes and the law: Introducing caste hatred as a public order offence
    • Núm. 12-2, June 2021
    • New Journal of European Criminal Law
    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...
  • Allowing Free Speech and Prohibiting Persecution—A Contemporary Sophie's Choice
    • Núm. 70-4, August 2006
    • Journal of Criminal Law, The
    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 ......
  • Managing the Unmanageable
    • Núm. 82-1, February 2018
    • Journal of Criminal Law, The
    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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Law Firm Commentaries
  • High Court Quashes Convictions For Lesser Alternatives
    • Mondaq UK
    ...... was convicted of 3 racially aggravated public order offences. He was also convicted of the 3 ......
  • 2010 Bribery Act: Commercial Applicability
    • JD Supra United Kingdom
    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...
    ...... Act is the introduction of a corporate offence of failure to prevent bribery. All organisations ... anti-bribery systems internationally, in order to prevent liability. Under the Act, ... fines and potential disbarment from public contracts, along with the connected reputational ......
  • Is Offence An Offence?
    • Mondaq UK
    ...... 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 ......
  • Racial and Religious Hatred Act 2006
    • Mondaq United Kingdom
    ......The Act, which amends the Public Order Act 1986, creates a new criminal offence of ......
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