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Intentional Harassment, Alarm Or Distress
Intentional harassment, alarm or distress is a statutory offence in England and Wales. It is an aggravated form of the offence of harassment, alarm or distress under section 5 of the Public Order Act 1986. The offence The offence is created by section 4A of the Public Order Act 1986, which was inserted by section 154 of the Criminal Justice and Public Order Act 1994: Mode of trial and sentence This is a summary offence. It is punishable with imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.The Public Order Act 1986, section 4A(5) Arrest Section 4A(4) of the 1986 Act formerly provided that a constable (or designated person) could arrest without warrant anyone he reasonably suspected was committing this offence. This was repealed by section 174 of, and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005. Racially or religiously aggravated offence Section 31(1)(b) of the Crime and Disord ...
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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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Harassment, Alarm Or Distress
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 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 r abusivewords or behaviour, or disorderly behaviour, or ::(b) displays any writing, sign or other visible representation which is threatening r abusive :within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby." In February 2014 Parliament passed a redaction of the statute which removed the word "insulting" in subsections "a" and "b" following pressure from citizens. This offence has the following statutory defences: :(a) The defendant had no reason to believe that there was any person within hearing or sight who was likely to be alarmed or ...
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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

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Criminal Justice And Public Order Act 1994
The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed rave parties, and greater penalties for certain "anti-social" behaviours. The Bill was introduced by Michael Howard, Home Secretary of Prime Minister John Major's Conservative government, and attracted widespread opposition. Background A primary motivation for the act was to curb illegal raves and free parties, especially the traveller festival circuit, which was steadily growing in the early 1990s, culminating in the 1992 Castlemorton Common Festival. Following debates in the House of Commons in its aftermath, Prime Minister John Major alluded to a future clampdown with then Home Secretary Ken Clarke at that year's Conservative Party conference. At the 1993 conference, Michael Howard, who had become Home Secretary, announced details ...
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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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Designated Person
Designation (from Latin ''designatio'') is the process of determining an incumbent's successor. A candidate that won an election for example, is the ''designated'' holder of the office the candidate has been elected to, up until the candidate's inauguration. Titles typically held by such persons include, amongst others, "President-elect", and "Prime Minister-designate". See also * Acting (law) * -elect * Nominee * President-elect of the United States * Prime Minister-designate A prime number (or a prime) is a natural number greater than 1 that is not a product of two smaller natural numbers. A natural number greater than 1 that is not prime is called a composite number. For example, 5 is prime because the only ways ... References International law Legal terminology {{international-law-stub ...
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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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