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Fear Or Provocation Of Violence
Fear or provocation of violence is a statutory offence in England and Wales created under the Public Order Act 1986. The offence is created by section 4 of the Public Order Act 1986: (1) A person is guilty of an offence if he - :(a) uses towards another person threatening behaviour, or :(b) distributes or displays to another person any writing, sign or other visible representation which is threatening with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked. (2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person i ...
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Statutory
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. 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 which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, except f ...
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Public Order Act 1986
The Public Order Act 1986 (c 64) is an Act of the Parliament of the United Kingdom. It 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

Public Order Act 1936
The Public Order Act 1936 (1 Edw. 8 & 1 Geo. 6 c. 6) is an Act of the Parliament of the United Kingdom passed to control extremist political movements in the 1930s such as the British Union of Fascists (BUF). Largely the work of Home Office civil servant Frank Newsam, Allen of Abbeydale,Newsam, Sir Frank Aubrey(1893–1964)", ''Oxford Dictionary of National Biography'', Oxford University Press, September 2004; online edn., January 2008, accessed 12 June 2009. the Act banned the wearing of political uniforms in any public place or public meeting. (The first conviction under the Act was of William Henry Wood, by Leeds Magistrates' Court on 27 January 1937.) It also required police consent for political marches to go ahead (now covered by the Public Order Act 1986). The Act also prohibited organising, training or equipping an "association of persons ... for the purpose of enabling them to be employed in usurping the functions of the police or of the armed forces of the Crown", or " ...
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Archbold Criminal Pleading, Evidence And Practice
''Archbold Criminal Pleading, Evidence and Practice'' (usually called simply ''Archbold'') is the leading practitioners' text for criminal lawyers in England and Wales and several other common law jurisdictions around the world. It has been in publication since 1822, when it was first written by John Frederick Archbold, and is currently published by Sweet & Maxwell, a subsidiary of Thomson Reuters. Forty-three revisions were published prior to 1992 and since then it has been published annually. Its authority is such that it is often quoted in court. The team of authors is made up of experienced barristers, KCs and judges. Editors Magistrates' courts As far as it covers procedure and practice, ''Archbold'' refers to those of the Crown Court. A separate volume, ''Archbold Magistrates' Courts Criminal Practice'' covers the magistrates' courts.Sweet & MaxwellArchbold Magistrates' Courts Criminal Practice 2023 accessed 25 November 2022 Archbold Magistrates' Courts Criminal Pract ...
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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 (which includes 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 ...
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Imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law. Sometimes incarceration of women, gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan Africa f ...
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Standard Scale
The standard scale is a system in Commonwealth law whereby financial criminal penalties (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 of Guernsey. Guernsey's dependencies of Alderney ...
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Standard Scale
The standard scale is a system in Commonwealth law whereby financial criminal penalties (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 of Guernsey. Guernsey's dependencies of Alderney ...
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Constable
A constable is a person holding a particular office, most commonly in criminal law enforcement. The office of constable can vary significantly in different jurisdictions. A constable is commonly the rank of an officer within the police. Other people may be granted powers of a constable without holding this title. Etymology Historically, the title comes from the Latin ''comes stabuli'' ( attendant to the stables, literally ''count of the stable'') and originated from the Roman Empire; originally, the constable was the officer responsible for keeping the horses of a lord or monarch.p103, Bruce, Alistair, ''Keepers of the Kingdom'' (Cassell, 2002), Constable
Encyclopædia Britannica online
The title was imported to the monarchy, monarchies of Middle Ages, medieval Europe, and in many countries developed into a high military rank an ...
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Serious Organised Crime And Police Act 2005
The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) 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. 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 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 designates sections applying only to Scotland and/or Northern Ireland; additionally s.179(9) extends the a ...
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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 changes to change the age of consent for homosexual acts from 18 to 16; however, this was removed by the House of Lords and was eventually passed in the Sexual Offences Act two years later. Main provisions ...
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