Long title | An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to public order; to create new offences relating to public order. |
---|---|
Citation | 1986 c. 64 |
Introduced by | Douglas Hurd |
Territorial extent | England and Wales, Scotland, Northern Ireland |
Dates | |
Royal assent | 7 November 1986 |
Commencement | 1 April 1987[ citation needed ] |
Other legislation | |
Repeals/revokes | Tumultuous Petitioning Act 1661 |
Amended by | Football Spectators Act 1989, Broadcasting Act 1990, Criminal Justice and Public Order Act 1994, Racial and Religious Hatred Act 2006, Criminal Justice and Immigration Act 2008, Crime and Courts Act 2013 |
Status: Amended | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Public Order Act 1986 (c. 64) is an Act of the Parliament of the United Kingdom that creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936. It implements recommendations [2] of the Law Commission.
Before the introduction of the Public Order Act 1986, policing public order was based on various relevant common law offences, and the Public Order Act 1936. Several factors influenced the introduction of the Public Order Act 1986. Significant public disorder, such as the Southall riot in 1979, the Brixton riot that extended to other cities in 1981, and the national miners' strike and associated disorder between 1984 and 1985 – in particular the Battle of Orgreave in June 1984 – and the Battle of the Beanfield in June 1985. Furthermore, the 1983 Law Commission report, Criminal Law: Offences Relating to Public Order recommended updating the law. [3]
The Law Commission stated its desire to further to extend the codification of the law in England and Wales. It advocated the abolition of the common law offences of affray, riot, rout, and unlawful assembly. It argued the changes it recommended to public order legislation made it more practical to use, and make the law more comprehensible to the courts and juries. [2]
The long title of the Act details the intention of the Public Order Act 1986: [4]
An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to public order; to create new offences relating to public order; to control public processions and assemblies; to control the stirring up of racial hatred; to provide for the exclusion of certain offenders from sporting events; to create a new offence relating to the contamination of or interference with goods; to confer power to direct certain trespassers to leave land; to amend section 7 of the Conspiracy, and Protection of Property Act 1875, section 1 of the Prevention of Crime Act 1953, Part V of the Criminal Justice (Scotland) Act 1980 and the Sporting Events (Control of Alcohol etc.) Act 1985; to repeal certain obsolete or unnecessary enactments; and for connected purposes.
This section defines the words "dwelling" and "violence".
Section 9(1) abolished the common law offences of riot, rout, unlawful assembly and affray.
Section 9(2) abolished the offences under:
If the act is intended to stir up racial hatred Part 3 of the Act creates offences of
Acts intended to stir up religious hatred are proscribed in POA Part 3A by the Racial and Religious Hatred Act 2006 (RRHA) with the insertion of new sections 29A to 29N. [5] The RRHA bill, which was introduced by Home Secretary David Blunkett, was amended several times in the House of Lords and ultimately the Blair government was forced to accept the substitute words.
To stir up hatred on the grounds of sexual orientation was to be proscribed by the Criminal Justice and Immigration Act 2008 in POA Part 3A section 29AB. [6] This legislation was introduced by David Hanson MP.
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The Act should be considered in connection with Article 11 of European Convention on Human Rights, which grants people the rights of (peaceful) assembly and freedom of association with others.
The police have been accused by protestors and journalists of misusing the powers in section 14 on several occasions. [7] During the 2009 G-20 London summit protests journalists were forced to leave the protests by police who threatened them with arrest. [7] [8] [9]
The "Reform Section 5" campaign was established in May 2012 to garner support for an alteration of section 5, and led to an increase in the threshold from "abusive or insulting" to strictly "abusive" for speech restricted by the act. It was reported that under section 5 alone, 51,285 people were convicted between 2001 and 2003, 8,489 of whom were between 10 and 17 years of age. [10]
The campaign was supported by a range of groups and famous individuals. These included the National Secular Society, the Christian Institute, the Bow Group, Big Brother Watch, the Peter Tatchell Foundation and The Freedom Association. Actors Rowan Atkinson and Stephen Fry also voiced their support. [11]
In 2013, a House of Lords amendment to a forthcoming Crime and Court Bill meant the removal of "insulting" from the definition of section 5 of the Public Order Act 1986. A subsequent House of Commons briefing paper acknowledged the government's acceptance of the amendment and detailed the reasons for its decision. [3]
In 2021 the government published the Police, Crime, Sentencing and Courts Bill which would amend and strengthen the Public Order Act 1986 in certain ways, including widening the restrictions police can place on protests and demonstrations, impose conditions on one-person protests, and define what is meant by protests causing "serious disruption" to wider communities. [12]
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror of ordinary people. Depending on their actions, and the laws of the prevailing jurisdiction, those engaged in an affray may also render themselves liable to prosecution for assault, unlawful assembly, or riot; if so, it is for one of these offences that they are usually charged.
The Riot Act, sometimes called the Riot Act 1714 or the Riot Act 1715, was an act of the Parliament of Great Britain which authorised local authorities to declare any group of 12 or more people to be unlawfully assembled and order them to disperse or face punitive action. The act's full title was "An Act for preventing tumults and riotous assemblies, and for the more speedy and effectual punishing the rioters", and it came into force on 1 August 1715. It was repealed in England and Wales by section 10(2) and Part III of Schedule 3 of the Criminal Law Act 1967. Acts similar to the Riot Act passed into the laws of British colonies in Australia and North America, some of which remain in force today.
A riot or mob violence is a form of civil disorder commonly characterized by a group lashing out in a violent public disturbance against authority, property, or people.
Breach of the peace or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.
The Anti-Social Behaviour Act 2003 (c.38) is an Act of the Parliament of the United Kingdom which almost entirely applies only to England and Wales. The Act, championed by then Home Secretary, David Blunkett, was passed in 2003. As well as strengthening the anti-social behaviour order and Fixed Penalty Notice provisions, and banning spray paint sales to people under the age of 16, it gives local councils the power to order the removal of graffiti from private property.
The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the vicinity of the Palace of Westminster. It was introduced into the House of Commons on 24 November 2004 and was passed by Parliament and given royal assent on 7 April 2005.
Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group is about to start an act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot. In England, the offence was abolished in 1986, but it exists in other countries.
Arrestable offence is a legal term now obsolete in English law and the legal system of Northern Ireland, but still used in the legal system of the Republic of Ireland. The Criminal Law Act 1967 introduced the category to replace the ancient term felony. That Act had been superseded by the Police and Criminal Evidence Act 1984, which over the next two decades was itself significantly amended to increase police powers of arrest, relating in particular to entry, search following arrest and to custody. In England and Wales, the category "arrestable offence" ceased to exist with the advent on 1 January 2006 of the Serious Organised Crime and Police Act. In Northern Ireland, it ceased to exist with the advent of the Police and Criminal Evidence (Amendment) Order 2007. In the Republic of Ireland, the Criminal Law Act 1997 abolished the terms felony and misdemeanour and created the term "arrestable offence" in their place.
The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion. The Act was the Labour Government's third attempt to bring in this offence: provisions were originally included as part of the Anti-Terrorism, Crime and Security Bill in 2001, but were dropped after objections from the House of Lords. The measure was again brought forward as part of the Serious Organised Crime and Police Bill in 2004-5, but was again dropped in order to get the body of that Bill passed before the 2005 general election.
The Police and Criminal Evidence Act 1984 (PACE) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995.
Incitement to ethnic or racial hatred is a crime under the laws of several countries.
Harassment, alarm or distress is an element of a statutory offence in England and Wales, arising from an expression used in sections 4A and 5 of the Public Order Act 1986, which created the offence. The Act was amended in 1994.
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Before 1921, Northern Ireland was part of the same legal system as the rest of Ireland.
The Domestic Violence, Crime and Victims Act 2004 is an Act of the Parliament of the United Kingdom. It is concerned with criminal justice and concentrates upon legal protection and assistance to victims of crime, particularly domestic violence. It also expands the provision for trials without a jury, brings in new rules for trials for causing the death of a child or vulnerable adult, and permits bailiffs to use force to enter homes.
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. state laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute.
Hate speech laws in England and Wales are found in several statutes, and differ slightly from the laws adopted in Scotland. Expressions of hatred toward someone on account of that person's colour, race, sex, disability, nationality, ethnic or national origin, religion, gender reassignment, or sexual orientation is forbidden. Any communication which is threatening or abusive, and is intended to harass, alarm, or distress someone is forbidden. The penalties for hate speech include fines, imprisonment, or both.
The first signs of the modern distinction between criminal and civil proceedings were during the Norman conquest of England in 1066. The earliest criminal trials had very little, if any, settled law to apply. However, the civil delictual law was highly developed and consistent in its operation.
The Public Order Ordinance is a piece of primary legislation in Hong Kong. It codifies a number of old common law public order offences. It imposes notification requirements for public processions and meetings which resemble a licensing regime. It also provides for the designation of restricted areas along the Hong Kong-China border and in the military installations. The 1967 Ordinance was enacted in the aftermath of the 1967 Leftist riots. For the following decades, the stringent control over public processions and meetings was relaxed incrementally until 1990s when it was brought in line with human rights standards. Upon Hong Kong handover, the amendments in the 1990s were decreed "not adopted as the laws of the HKSAR" by the NPCSC of China and therefore reverted.
The Criminal Justice Act 1994 is legislation that covers public order offences in the Republic of Ireland. It is the main legislation on the matter of public order.