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Section 5 Of The Public Order Act 1986
Section 5 of the Public Order Act 1986 creates a statutory offence in England and Wales, including the use of "threatening or abusive" words or behaviour likely to cause "harassment, alarm or distress". The word "insulting" was originally included in the first quoted phrase, but was removed when section 5 was amended in 2014. An aggravated form of the offence, " intentional harassment, alarm or distress", was added as section 4A of the same Act by the Criminal Justice and Public Order Act 1994.Public Order Act 1986Section 4A see footnote F1; Criminal Justice and Public Order Act 1994Section 154/ref> The offence The offence is created by section 5 of the Public Order Act 1986. Section 5(1) provides: :"(1) A person is guilty of an offence if he/she: ::(a) uses threatening or abusive words or behaviour, or disorderly behaviour, or ::(b) displays any writing, sign or other visible representation which is threatening or abusive, :within the hearing or sight of a person likely to be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Public Order Act 1986
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 recommendationsThe Law Commission. Criminal Law: Offences relating to Public Order (Law Com 123). HMSO. 1983. of the . Background Before the introduction of the Public Order Act 1986, policing public order was based on various relevant |
Summary Offence
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crime And Disorder Act 1998
The Crime and Disorder Act 1998 (c. 37) is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received royal assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex Offender Orders, Parenting Orders, granting local authorities more responsibilities with regards to strategies for reducing crime and disorder, and the introduction of law specific to 'racially aggravated' offences. The Act also abolished rebuttable presumption that a child is ''doli incapax'' (the presumption that a person between ten and fourteen years of age is incapable of committing an offence) and formally abolished the death penalty for the last civilian offences carrying it, namely treason and piracy. The bill had also included a reduction in the age of consent for homosexual acts from 18 to 16. However, this provision was removed by the House of Lords; it would eventually be enacted two years later by the Sexual Offences (Amend ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Police And Criminal Evidence Act 1984
The Police and Criminal Evidence Act 1984 (c. 60) (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 (Northern Ireland) Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995. PACE also sets out responsibilities and powers that can be utilized by non-sworn members of the Police i.e. PCSOs, by members of the public or other government agencies e.g. FSA officers, the armed forces, HMRC officers, et al. PACE established the role of the appropriate adult (AA) in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Serious Organised Crime And Police Act 2005
The Serious Organised Crime and Police Act 2005 (c. 15) (often abbreviated to SOCPA or SOCAP) is an Act of Parliament, 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 Detective Constable, constable and introduced restrictions on protests in the vicinity of the Palace of Westminster. It was introduced into the British House of Commons, House of Commons on 24 November 2004 and was passed by Parliament and given royal assent on 7 April 2005. Measures to introduce a specific offence of "incitement to religious hatred" were included in early drafts of the Act, but then dropped so the bill would pass before the 2005 United Kingdom general election, 2005 general election. The offence has since been created by the Racial and Religious Hatred Act 2006. Extent of application The Act applies principally to England and Wales but s.179 permits the extent or des ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Scale
The standard scale is a system in Commonwealth of Nations, Commonwealth law whereby financial Criminal law, criminal penalties (Fine (penalty), fines) in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than every individual piece of legislation. In English law, the reference in legislation will typically appear as: Legislation and level of fines Australia In Australia, the monetary fines for a breach of law is determined by however many penalty units the offence is worth, times the value of that jurisdiction's penalty unit. All states and territories set their own penalty unit values, which is supplemented by the federal penalty unit for federal offences. Channel Islands Guernsey Guernsey uses the UK standard scale for adopted UK legislation, and its own scale (called the uniform scale) for legislation originating in the States o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fine (penalty)
A fine or mulct (the latter synonym typically used in Civil law (common law), civil law) is a penalty of money that a court of law or other authority decides has to be paid as punishment for a crime or other Offense (law), offense. The amount of a fine can be determined case by case, but it is often announced in advance. The most usual use of the term is for financial punishments for the commission of crimes, especially minor crimes, or as the settlement (law), settlement of a Claim (legal), claim. One typical example of a fine is money paid for violations of traffic laws. In English law, English common law, relatively Standard scale, small fines are used either in place of or alongside community service orders for low-level criminal offences. More considerable fines are also given independently or alongside shorter prison sentences when the judge or magistrate considers a large amount of retribution is necessary, but there is unlikely to be a significant danger to the public. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adrian Fulford
Sir Adrian Bruce Fulford (born 8 January 1953) is a retired Lord Justice of Appeal. From 2017 to 2019, he was the first Investigatory Powers Commissioner, and was the Vice-President of the Court of Appeal (Criminal Division) in 2019, succeeding Lady Justice Hallett. Previously, he was a judge of the International Criminal Court in The Hague from 2003–12, the Senior Presiding Judge for England and Wales from January 2016 to March 2017, and former member of the National Council for Civil Liberties (NCCL). Early life Fulford was born on 8 January 1953. He was educated at Elizabeth College, Guernsey and went up to the University of Southampton, gaining a LLB. From 1974 to 1975, he served as a housing advisor at Shelter's Housing Aid Service. Legal career He was called to the bar at the Middle Temple as a barrister in 1978, and appointed Queen's Counsel in 1994. One of Fulford’s earliest, and most prominent, cases was serving as counsel to Mr Ronnie Bolden, on tri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statutory
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dwelling
In law, a dwelling (also known as a residence, abode or domicile) is a self-contained unit of accommodation – such as a house, apartment, mobile home, houseboat, recreational vehicle, or other "substantial" structure – used as a home by one or more households. The concept of a dwelling has significance in relation to search and seizure, conveyancing of real property, burglary, trespass, and land-use planning. Legal definitions Legal definitions vary by jurisdiction. 'Dwelling' (England and Wales) Under English law, a dwelling is defined as a self-contained 'substantial' unit of accommodation, such as a building, part of a building, caravan, houseboat or other mobile home. A tent is not normally considered substantial. 'Dwelling' (North Carolina) According to North Carolina General Statute § 160A-442, "Dwelling" means any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation, or intended to be so used, and inclu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
