Public Order Act

Martial Arts and the Public Order Act of 1986

In Martial Arts, especially the non sporting, traditional variety, many of the moves are designed to kill the enemy - many centuries ago in foreign lands perpetually in conflict and with a different legal system - possibly martial law.

I have placed this on site to show why you must be careful of using some of the extreme martial and combat techniques and ideas outside in the real world - from a purely legal point of view.   IGNORE THIS AT YOUR COST

This article is for information purposes only; its aim is to focus martial artists of their boundaries and obligations under UK law. Nothing on these pages is absolute as the law is always changing; if in doubt contact a trusted solicitor for further advice. We do not encourage you to break the law.

The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and violence. It comes in 5 main sections:

Section 1: Riot
Section 2: Violent Disorder
Section 3: Affray
Section 4: Fear or Provocation of Violence
Section 4a: Intentional Harassment, Alarm or Distress
Section 5: Conduct Likely to Cause Harassment, Alarm or Distress

Sections 1-3 of the Public Order Act 1986 are the most serious and carry the most serious penalties. Riot carries up to 10 years, Violent Disorder 5 yeas and Affray 3 years. The underlying thread for each is that violence must be used or threatened and that this would cause a hypothetical person of reasonable firmness to fear for their personal safety.

Thus the test for whether or not an offence has been committed is an objective one, and the prosecution do not have to rely on witnesses who were actually in fear. In practice there will usually be witnesses, however, as it would otherwise be very difficult to prove the offence. But the witnesses themselves do not necessarily have to attest that they feared for their personal safety.

Riot is indictable only. Violent disorder and affray are “either way” offences, trial in magistrates or the Crown Court. Charges of violent disorder and affray may often be used as an alternative to assault causing actual or grievous bodily harm if there is insufficient evidence in such a case.

Section 1 - Riot

This is the most serious offence under the Public Order Act 1986 and is very rarely used. Although you are unlikely ever to get charged with riot, it is useful to have an understanding of it, in order to put the other offences in to context.

In order to be liable for the offence the accused person must use violence and:

a) 12 or more persons (including the accused) who are present together use or threaten violence for a common purpose, and
b) their conduct taken together is such as would cause a person of reasonable firmness to fear for their personal safety and
c) the accused use of violence was for the common purpose.

Notes on Riot
There are several possible reasons why this offence is not often used. Unlike the offence of violent disorder it must be proved that the accused himself actually used rather than merely threatened violence, and the violence of the group must be used or threatened for a common purpose. This can be quite difficult to prove and the prosecutor will not usually deem an offence so serious as to incur these added complications, when one of the lesser public order offences will suffice.

The prosecution has to show that you intended violence or were aware that your conduct might be violent.

Arrest and Punishment
Riot carries a maximum sentence of 10 years in prison, and is thus an “arrestable offence”.

Section 2 - Violent Disorder

This is the more likely charge in the case of serious public disorder. In order to be liable the accused must use or threaten violence in the following circumstances:

The Public Order Act 1986 s.2 states:

1) Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.

2) It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously.

3) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

4) Violent disorder may be committed in private as well as in public places.

Notes on Violent Disorder
The difference from riot is as follows:

a) Only 3 persons who are present together are required to use or threaten violence (unlike ‘affray’- see below)
b) The accused person may be guilty if he merely threatens violence.
c) There is no requirement that the violence be used or threatened for a common purpose.

The prosecution must show that you intended to use or threaten violence or were aware that your conduct might amount to violence or the threat of violence.

Charges of violent disorder are usually only brought where there has been serious disorder such as where missiles have been thrown at persons or property.

The police will sometimes arrest you initially on suspicion of violent disorder simply because it is an “arrestable offence” and therefore carries with it far greater powers of arrest and search. For example, you can be arrested after the incident has taken place. And if you are arrested on a demonstration for violent disorder, your house can be searched while you are in detention, whereas if you are arrested for Section 4A intentional harassment (non-arrestable) it cannot.

Research suggests that charges of violent disorder rather than affray will be brought where the police believe the violence is planned or premeditated.

Arrest and Punishment
 

• Arrestable Offence (As of Jan 06, this is an indictable offence)

• Can be brought before a Magistrates court or Crown court

• It carries a maximum sentence of five years imprisonment and/or a fine on indictment or 6 months before magistrates and is therefore an “arrestable offence”. At a trial on indictment, a jury will usually have the alternative option of convicting the defendant of the lesser offence of threatening behaviour (Section 4 of the act).

Section 3 - Affray

The offence of “affray” looks very similar to violent disorder. It is supposed to be reserved for serious cases involving the use or threat of violence.

The Public Order Act 1986 s.3 states:

1) A person is guilty of Affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

2) Where two or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purpose of subsection (1)

3) For the purposes of this section a threat can not be made by the use of words alone.

4) No person of reasonable firmness need actually be, or be likely to be, present at the scene.

5) Affray may be committed in private as well as in public places.

Notes on Affray
Unlike riot and violent disorder the use or threat of violence by one person alone will suffice and no one else need take part other than the accused. Legal commentators, however, have contended that the offence should not be extended to cover every case of common assault as this was not intended by Parliament when the act was passed. Affray is a public order offence designed for the protection of the bystander and there are other offences – eg “assault causing actual bodily harm” - for the protection of persons at whom the violence is aimed.
Another significant difference from the other sections is that the threat of violence cannot be made by the use of words alone – either orally or in writing. There must be some act or gesture amounting to a threat of unlawful violence.

The prosecution must show – as with violent disorder - that you intended to use or threaten violence or were aware that your conduct might amount to violence or the threat of violence.

Arrest and Punishment

• Statutory Power of Arrest

• Can be brought before a Magistrates court or Crown court

• Affray is an “either way” offence and is punishable by up to three years imprisonment and/or a fine on indictment; six months imprisonment and/or a fine summarily. It is therefore not an “arrestable offence”. But as with Sections 4, 4A and 5 it does carry a limited power of arrest: a constable may arrest anyone whom he reasonably suspects is committing an affray.
   

Other Information

In law, the affray is the fighting of two or more persons in a public place to the terror (in French: à l'effroi) of the lieges.

The offence is a misdemeanour at English common law, punishable by fine and imprisonment.

A fight in private is an assault and battery, not an affray.

As those engaged in an affray render themselves also liable to prosecution for assault, Unlawful Assembly, or Riot, it is for one of these offences that they are usually charged.

Any private person may, and constables and justices must, interfere to put a stop to an affray.

In the United States the English common law as to affray applies, subject to certain modifications by the statutes of particular states (Bishop, Amer. Crim. Law, 8th ed., 1892, vol. i. sec. 535).

The Indian Penal Code (sect. 159) adopts the English definition of affray, with the substitution of actual disturbance of the peace for causing terror to the lieges.

The Queensland Criminal Code of 1899 (sect. 72) defines affray as taking part in a fight in a public highway or taking part in a fight of such a nature as to alarm the public in any other place to which the public have access. This definition is taken from that in the English Criminal Code Bill of 1880, cl. 96.

Under the Roman Dutch law in force in South Africa affray falls within the definition of vis publica.

Incorporates text from the Encyclopædia Britannica Eleventh Edition, a publication now in the public domain.

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