Public Order Act 1986

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Public Order Act 1986
United Kingdom Parliament
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...
Statute book chapter:	1986 c. 64
Introduced by:
Territorial extent:	England and Wales; Scotland; Northern Ireland
Dates
Date of Royal Assent:	7 November 1986
Commencement:	1 April 1987
Other legislation
Amendments:	Football Supporters Act 1989, Broadcasting Act 1990, Criminal Justice and Public Order Act 1994, Racial and Religious Hatred Act 2006, Criminal Justice and Immigration Act 2008
Related legislation:
Status: Substantially amended
Text of statute as originally enacted
Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database
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The Public Order Act 1986 creates offences commonly used by United Kingdom police to deal with public disorder and violence.

Contents 1 Part I - New offences 2 Part II - Processions and assemblies 3 Parts III and IIIA- Racial hatred etc. 4 The Act and Article 11 of ECHR

[edit] Part I - New offences

Section 1 - Riot

Section 2 - Violent Disorder

Section 3 - Affray

Section 4 - Fear or Provocation of Violence

Section 4A - Intentional Harassment, Alarm or Distress  

added by section 154 of the Criminal Justice and Public Order Act 1994

Section 5 - Harassment, Alarm or Distress

[edit] Part II - Processions and assemblies

Section 11 - Advance notice of public processions 

requires at least 6 clear days' written notice to be given to the police before most public processions, including details of the intended time and route, and giving the name and address of at least person proposing to organise it; creates offences for the organisers of a procession if they do not give sufficient notice, or if the procession diverges from the notified time or route

Section 12 - Imposing conditions on public processions 

provides police the power to impose conditions on processions "to prevent serious public disorder, serious criminal damage or serious disruption to the life of the community"

Section 13 - Prohibiting public processions 

Chief Officer Police has the power to ban public processions up to three months by applying to local authority for a bannering order which needs subsequent confirmation from the Home Secretary.

Section 14 - Imposing conditions on public assemblies 

provides police the power to impose conditions on assemblies "to prevent serious public disorder, serious criminal damage or serious disruption to the life of the community", but the conditions are limited to the specifying of:

• the number of people who may take part,
• the location of the assembly, and
• its maximum duration.

Section 14A -Prohibiting trespassory assemblies 

added by section 70 of the Criminal Justice and Public Order Act 1994, to control "raves"

Section 16 - Public Assembly - Means an assembly of 20 or more persons in a public place which is wholly or partly open to the air.

[edit] Parts III and IIIA- Racial hatred etc.

Part III of the Act creates offences of use of words or behaviour or display of written material (section 18), publishing or distributing written material (section 19), public performance of a play (section 20), distributing, showing or playing a recording (section 21), or broadcasting (section 22), if the act is intended to stir up racial hatred, or possession of racially inflammatory material (section 23).

Part IIIa was created by the Racial and Religious Hatred Act 2006 with the insertion of new sections 29A to 29N. This part created new offences for acts intended to stir up religious hatred. Sections 29B to 29N are to be further amended by the Criminal Justice and Immigration Act 2008 when the relevant parts of that act come into force. These further amendments will extend part IIIa to cover intent to stir up hatred on the grounds of sexual orientation (to be defined in new section 29AB).

[edit] The Act and Article 11 of ECHR

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.

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