help.. Section 4. uk law..?

Question

ok... can anyone tell me the text-book definition of ' Section 4 POA ' offence.. ( pace).. or as close as you know !! much obliged..

Answer 1

Basically it is the "Breach of the Peace" clause.

Public Order Act 1986 (POA) and the Police and Criminal evidence act 1984 (PACE)
Section 4: Using threatening, abusive or insulting words or behaviour

It is an arrestable and chargeable offence to maintain public order. If found guilty you are likely to be fined or given community service if a first offence.

Answer 2

This is the simplified version:

You can be charged with an offence under section 4 if:

1. You have behaved in an anti-social manner AND

2. That behaviour caused OR was likely to cause:

i. Harassment OR

ii. Alarm OR

iii. Distress

to one or more people who you don’t live with.

This means that you can be acting in an anti-social way even if you don’t mean to. It also means that family arguments are excluded from the scope of the Act.

This is the more formal version:

By virtue of section 4(2), section 4 can occur in a public and private place but not a dwelling.
The definition of 'dwelling' is contained in section 8 of the Act (Archbold 2004 29-38). Where common parts (a communal landing) were the means of access to living accommodation, they were not part of a dwelling, even though access was via an entry phone system, and were not part of the living area or home (Rukwira v DPP 1993 Crim.L.R 882)
The following types of conduct are examples which may at least be capable of amounting to threatening, abusive or insulting words or behaviour:
threats made towards innocent bystanders or individuals carrying out public service duties;
the throwing of missiles by a person taking part in a demonstration or other public gathering where no injury is caused;
scuffles or incidents of violence or threats of violence committed in the context of a brawl (such as in or in the vicinity of a public house);
incidents which do not justify a charge of assault where an individual is picked on by a gang.
Conduct which may be capable of amounting to threatening, abusive or insulting words or behaviour for the purposes of an offence under section 4 will be more serious than that required under section 5 or section 4A.
By virtue of section 31 of the Crime and Disorder Act 1998, section 4 is capable of being racially aggravated, refer to Racially Aggravated Offences, elsewhere in this guidance.
Racially aggravated section 4 is an either way offence, with the maximum penalty on indictment being two years imprisonment or a to a fine or both. The maximum penalty on summary conviction being six months

Answer 3

If there is serious disruption or aggression, and if the police believe that you are involved, then, relying on their common law powers to prevent a breach of the peace, the police could ask you to leave threatening you with arrest if you refused, or they could arrest you for an offence under Section 4 or Section 5 of the Public Order Act 1986 (POA).

Section 4: Using threatening, abusive or insulting words or behaviour
Section 5: Disorderly conduct likely to cause harassment, alarm or distress

Answer 4

Well I'm not 100% too sure what exactly you mean but under Section 4 of the Crown Prosecutors that would be stated under the Youth offenders and child witnesses act.

If you mean another Section well... there's actually a very lot of Section 4's out there in the British Law System... but that's the main one that I thought of after reading your post...

I know this because of my Uncle!!!

Anyway hope that helps... if not you could try the Crown Prosecutors Website which you can access via:
http://www.cps.gov.uk/index.html

Good Luck LOL!!!

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