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; to control public processions and assemblies; to control the stirring up of racial hatred; to provide for the exclusion of certain offenders from sporting events; to create a new offence relating to the contamination of or interference with goods; to confer power to direct certain trespassers to leave land; to amend section 7 of the Conspiracy and Protection of Property Act 1875, section 1 of the Prevention of Crime Act 1953, Part V of the Criminal Justice (Scotland) Act 1980 and the Sporting Events (Control of Alcohol etc.) Act 1985; to repeal certain obsolete or unnecessary enactments; and for connected purposes.
[7th November 1986]
Be it enactedby the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
(1)Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot.
(2)It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously.
(3)The common purpose may be inferred from conduct.
(4)No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5)Riot may be committed in private as well as in public places.
(6)A person guilty of riot is liable on conviction on indictment to imprisonment for a term not exceeding ten years or a fine or both.
(1)Where 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using or threatening unlawful violence is guilty of violent disorder.
(2)It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously.
(3)No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(4)Violent disorder may be committed in private as well as in public places.
(5)A person guilty of violent disorder is liable on conviction on indictment to imprisonment for a term not exceeding 5 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
(1)A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
(2)Where 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1).
(3)For the purposes of this section a threat cannot be made by the use of words alone.
(4)No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(5)Affray may be committed in private as well as in public places.
(6)A constable may arrest without warrant anyone he reasonably suspects is committing affray.
(7)A person guilty of affray is liable on conviction on indictment to imprisonment for a term not exceeding 3 years or a fine or both, or on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both.
(1)A person is guilty of an offence if he—
(a)uses towards another person threatening, abusive or insulting words or behaviour, or
(b)distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,
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 inside a dwelling and the other person is also inside that or another dwelling.
(3)A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
(4)A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.
(1)A person is guilty of an offence if he—
(a)uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b)displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(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 displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(3)It is a defence for the accused to prove—
(a)that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
(b)that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c)that his conduct was reasonable.
(4)A constable may arrest a person without warrant if—
(a)he engages in offensive conduct which the constable warns him to stop, and
(b)he engages in further offensive conduct immediately or shortly after the warning.
(5)In subsection (4) " offensive conduct" means conduct the constable reasonably suspects to constitute an offence under this section, and the conduct mentioned in paragraph (a) and the further conduct need not be of the same nature.
(6)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1)A person is guilty of riot only if he intends to use violence or is aware that his conduct may be violent.
(2)A person is guilty of violent disorder or affray only if he intends to use or threaten violence or is aware that his conduct may be violent or threaten violence.
(3)A person is guilty of an offence under section 4 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting.
(4)A person is guilty of an offence under section 5 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting or (as the case may be) he intends his behaviour to be or is aware that it may be disorderly.
(5)For the purposes of this section a person whose awareness is impaired by intoxication shall be taken to be aware of that of which he would be aware if not intoxicated, unless he shows either that his intoxication was not self-induced or that it was caused solely by the taking or administration of a substance in the course of medical treatment.
(6)In subsection (5) " intoxication " means any intoxication, whether caused by drink, drugs or other means, or by a combination of means.
(7)Subsections (1) and (2) do not affect the determination for the purposes of riot or violent disorder of the number of persons who use or threaten violence.
(1)No prosecution for an offence of riot or incitement to riot may be instituted except by or with the consent of the Director of Public Prosecutions.
(2)For the purposes of the rules against charging more than one offence in the same count or information, each of sections 1 to 5 creates one offence.
(3)If on the trial on indictment of a person charged with violent disorder or affray the jury find him not guilty of the offence charged, they may (without prejudice to section 6(3) of the [1967 c. 58.] Criminal Law Act 1967) find him guilty of an offence under section 4.
(4)The Crown Court has the same powers and duties in relation to a person who is by virtue of subsection (3) convicted before it of an offence under section 4 as a magistrates' court would have on convicting him of the offence.
In this Part—
" dwelling " means any structure or part of a structure occupied as a person's home or as other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied, and for this purpose " structure " includes a tent, caravan, vehicle, vessel or other temporary or movable structure;
" violence " means any violent conduct, so that—
except in the context of affray, it includes violent conduct towards property as well as violent conduct towards persons, and
it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct (for example, throwing at or towards a person a missile of a kind capable of causing injury which does not hit or falls short).
(1)The common law offences of riot, rout, unlawful assembly and affray are abolished.
(2)The offences under the following enactments are abolished—
(a)section 1 of the [1661 c. 5.] Tumultuous Petitioning Act 1661 (presentation of petition to monarch or Parliament accompanied by excessive number of persons),
(b)section 1 of the [1793 c. 67.] Shipping Offences Act 1793 (interference with operation of vessel by persons riotously assembled),
(c)section 23 of the [1817 c. 19.] Seditious Meetings Act 1817 (prohibition of certain meetings within one mile of Westminster Hall when Parliament sitting), and
(d)section 5 of the [1936 c. 6.] Public Order Act 1936 (conduct conducive to breach of the peace).
(1)In the [1886 c. 38.] Riot (Damages) Act 1886 and in section 515 of the [1894 c. 60.] Merchant Shipping Act 1894 (compensation for riot damage) " riotous " and " riotously " shall be construed in accordance with section 1 above.
(2)In Schedule 1 to the [1906 c. 41.] Marine Insurance Act 1906 (form and rules for the construction of certain insurance policies) " rioters " in rule 8 and " riot" in rule 10 shall, in the application of the rules to any policy taking effect on or after the coming into force of this section, be construed in accordance with section 1 above unless a different intention appears.
(3)" Riot " and cognate expressions in any enactment in force before the coming into force of this section (other than the enactments mentioned in subsections (1) and (2) above) shall be construed in accordance with section 1 above if they would have been construed in accordance with the common law offence of riot apart from this Part.
(4)Subject to subsections (1) to (3) above and unless a different intention appears, nothing in this Part affects the meaning of " riot" or any cognate expression in any enactment in force, or other instrument taking effect, before the coming into force of this section.
(1)Written notice shall be given in accordance with this section of any proposal to hold a public procession intended
(a)to demonstrate support for or opposition to the views or actions of any person or body of persons,
(b)to publicise a cause or campaign, or
(c)to mark or commemorate an event,
unless it is not reasonably practicable to give any advance notice of the procession.
(2)Subsection (1) does not apply where the procession is one commonly or customarily held in the police area (or areas) in which it is proposed to be held or is a funeral procession organised by a funeral director acting in the normal course of his business.
(3)The notice must specify the date when it is intended to hold the procession, the time when it is intended to start it, its proposed route, and the name and address of the person (or of one of the persons) proposing to organise it.
(4)Notice must be delivered to a police station—
(a)in the police area in which it is proposed the procession will start, or
(b)where it is proposed the procession will start in Scotland and cross into England, in the first police area in England on the proposed route.
(5)If delivered not less than 6 clear days before the date when the procession is intended to be held, the notice may be delivered by post by the recorded delivery service; but section 7 of the [1978 c. 30.] Interpretation Act 1978 (under which a document sent by post is deemed to have been served when posted and to have been delivered in the ordinary course of post) does not apply.
(6)If not delivered in accordance with subsection (5), the notice must be delivered by hand not less than 6 clear days before the date when the procession is intended to be held or, if that is not reasonably practicable, as soon as delivery is reasonably practicable.
(7)Where a public procession is held, each of the persons organising it is guilty of an offence if—
(a)the requirements of this section as to notice have not been satisfied, or
(b)the date when it is held, the time when it starts, or its route, differs from the date, time or route specified in the notice.
(8)It is a defence for the accused to prove that he did not know of, and neither suspected nor had reason to suspect, the failure to satisfy the requirements or (as the case may be) the difference of date, time or route.
(9)To the extent that an alleged offence turns on a difference of date, time or route, it is a defence for the accused to prove that the difference arose from circumstances beyond his control or from something done with the agreement of a police officer or by his direction.
(10)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1)If the senior police officer, having regard to the time or place at which and the circumstances in which any public procession is being held or is intended to be held and to its route or proposed route, reasonably believes that—
(a)it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or
(b)the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do,
he may give directions imposing on the persons organising or taking part in the procession such conditions as appear to him necessary to prevent such disorder, damage, disruption or intimidation, including conditions as to the route of the procession or prohibiting it from entering any public place specified in the directions.
(2)In subsection (1) " the senior police officer " means—
(a)in relation to a procession being held, or to a procession intended to be held in a case where persons are assembling with a view to taking part in it, the most senior in rank of the police officers present at the scene, and
(b)in relation to a procession intended to be held in a case where paragraph (a) does not apply, the chief officer of police.
(3)A direction given by a chief officer of police by virtue of subsection (2)(b) shall be given in writing.
(4)A person who organises a public procession and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(5)A person who takes part in a public procession and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(6)A person who incites another to commit an offence under subsection (5) is guilty of an offence.
(7)A constable in uniform may arrest without warrant anyone he reasonably suspects is committing an offence under subsection (4), (5) or (6).
(8)A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.
(9)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10)A person guilty of an offence under subsection (6) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of the [1980 c. 43.] Magistrates' Courts Act 1980 (inciter liable to same penalty as incited).
(11)In Scotland this section applies only in relation to a procession being held, and to a procession intended to be held in a case where persons are assembling with a view to taking part in it.
(1)If at any time the chief officer of police reasonably believes that, because of particular circumstances existing in any district or part of a district, the powers under section 12 will not be sufficient to prevent the holding of public processions in that district or part from resulting in serious public disorder, he shall apply to the council of the district for an order prohibiting for such period not exceeding 3 months as may be specified in the application the holding of all public processions (or of any class of public procession so specified) in the district or part concerned.
(2)On receiving such an application, a council may with the consent of the Secretary of State make an order either in the terms of the application or with such modifications as may be approved by the Secretary of State.
(3)Subsection (1) does not apply in the City of London or the metropolitan police district.
(4)If at any time the Commissioner of Police for the City of London or the Commissioner of Police of the Metropolis reasonably believes that, because of particular circumstances existing in his police area or part of it, the powers under section 12 will not be sufficient to prevent the holding of public processions in that area or part from resulting in serious public disorder, he may with the consent of the Secretary of State make an order prohibiting for such period not exceeding 3 months as may be specified in the order the holding of all public processions (or of any class of public procession so specified) in the area or part concerned.
(5)An order made under this section may be revoked or varied by a subsequent order made in the same way, that is, in accordance with subsections (1) and (2) or subsection (4), as the case may be.
(6)Any order under this section shall, if not made in writing, be recorded in writing as soon as practicable after being made.
(7)A person who organises a public procession the holding of which he knows is prohibited by virtue of an order under this section is guilty of an offence.
(8)A person who takes part in a public procession the holding of which he knows is prohibited by virtue of an order under this section is guilty of an offence.
(9)A person who incites another to commit an offence under subsection (8) is guilty of an offence.
(10)A constable in uniform may arrest without warrant anyone he reasonably suspects is committing an offence under subsection (7), (8) or (9).
(11)A person guilty of an offence under subsection (7) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.
(12)A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(13)A person guilty of an offence under subsection (9) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of the [1980 c. 43.] Magistrates' Courts Act 1980.
(1)If the senior police officer, having regard to the time or place at which and the circumstances in which any public assembly is being held or is intended to be held, reasonably believes that—
(a)it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, or
(b)the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do,
he may give directions imposing on the persons organising or taking part in the assembly such conditions as to the place at which the assembly may be (or continue to be) held, its maximum duration, or the maximum number of persons who may constitute it, as appear to him necessary to prevent such disorder, damage, disruption or intimidation.
(2)In subsection (1) " the senior police officer " means—
(a)in relation to an assembly being held, the most senior in rank of the police officers present at the scene, and
(b)in relation to an assembly intended to be held, the chief officer of police.
(3)A direction given by a chief officer of police by virtue of subsection (2)(b) shall be given in writing.
(4)A person who organises a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(5)A person who takes part in a public assembly and knowingly fails to comply with a condition imposed under this section is guilty of an offence, but it is a defence for him to prove that the failure arose from circumstances beyond his control.
(6)A person who incites another to commit an offence under subsection (5) is guilty of an offence.
(7)A constable in uniform may arrest without warrant anyone he reasonably suspects is committing an offence under subsection (4), (5) or (6).
(8)A person guilty of an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both.
(9)A person guilty of an offence under subsection (5) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(10)A person guilty of an offence under subsection (6) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale or both, notwithstanding section 45(3) of the [1980 c. 43.] Magistrates' Courts Act 1980.
(1)The chief officer of police may delegate, to such extent and subject to such conditions as he may specify, any of his functions under sections 12 to 14 to a deputy or assistant chief constable; and references in those sections to the person delegating shall be construed accordingly.
(2)Subsection (1) shall have effect in the City of London and the metropolitan police district as if " a deputy or assistant chief constable " read " an assistant commissioner of police ".
In this Part—
" the City of London " means the City as defined for the purposes of the Acts relating to the City of London police;
" the metropolitan police district" means that district as defined in section 76 of the [1963 c. 33.] London Government Act 1963;
" public assembly" means an assembly of 20 or more persons in a public place which is wholly or partly open to the air;
" public place " means—
any highway, or in Scotland any road within the meaning of the [1984 c. 54.] Roads (Scotland) Act 1984, and
any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission ;
" public procession " means a procession in a public place.
In this Part " racial hatred " means hatred against a group of persons in Great Britain defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins.
(1)A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if—
(a)he intends thereby to stir up racial hatred, or
(b)having regard to all the circumstances racial hatred is likely to be stirred up thereby.
(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 written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.
(3)A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
(4)In proceedings for an offence under this section it is a defence for the accused to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.
(5)A person who is not shown to have intended to stir up racial hatred is not guilty of an offence under this section if he did not intend his words or behaviour, or the written material, to be, and was not aware that it might be, threatening, abusive or insulting.
(6)This section does not apply to words or behaviour used, or written material displayed, solely for the purpose of being included in a programme broadcast or included in a cable programme service.
(1)A person who publishes or distributes written material which is threatening, abusive or insulting is guilty of an offence if—
(a)he intends thereby to stir up racial hatred, or
(b)having regard to all the circumstances racial hatred is likely to be stirred up thereby.
(2)In proceedings for an offence under this section it is a defence for an accused who is not shown to have intended to stir up racial hatred to prove that he was not aware of the content of the material and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.
(3)References in this Part to the publication or distribution of written material are to its publication or distribution to the public or a section of the public.
(1)If a public performance of a play is given which involves the use of threatening, abusive or insulting words or behaviour, any person who presents or directs the performance is guilty of an offence if—
(a)he intends thereby to stir up racial hatred, or
(b)having regard to all the circumstances (and, in particular, taking the performance as a whole) racial hatred is likely to be stirred up thereby.
(2)If a person presenting or directing the performance is not shown to have intended to stir up racial hatred, it is a defence for him to prove—
(a)that he did not know and had no reason to suspect that the performance would involve the use of the offending words or behaviour, or
(b)that he did not know and had no reason to suspect that the offending words or behaviour were threatening, abusive or insulting, or
(c)that he did not know and had no reason to suspect that the circumstances in which the performance would be given would be such that racial hatred would be likely to be stirred up.
(3)This section does not apply to a performance given solely or primarily for one or more of the following purposes—
(a)rehearsal,
(b)making a recording of the performance, or
(c)enabling the performance to be broadcast or included in a cable programme service ;
but if it is proved that the performance was attended by persons other than those directly connected with the giving of the performance or the doing in relation to it of the things mentioned in paragraph (b) or (c), the performance shall, unless the contrary is shown, be taken not to nave been given solely or primarily for the purposes mentioned above.
(4)For the purposes of this section—
(a)a person shall not be treated as presenting a performance of a play by reason only of his taking part in it as a performer,
(b)a person taking part as a performer in a performance directed by another shall be treated as a person who directed the performance if without reasonable excuse he performs otherwise than in accordance with that person's direction, and
(c)a person shall be taken to have directed a performance of a play given under his direction notwithstanding that he was not present during the performance;
and a person shall not be treated as aiding or abetting the commission of an offence under this section by reason only of his taking part in a performance as a performer.
(5)In this section " play " and " public performance " have the same meaning as in the [1968 c. 54.] Theatres Act 1968.
(6)The following provisions of the Theatres Act 1968 apply in relation to an offence under this section as they apply to an offence under section 2 of that Act—
section 9 (script as evidence of what was performed),
section 10 (power to make copies of script),
section 15 (powers of entry and inspection).
(1)A person who distributes, or shows or plays, a recording of visual images or sounds which are threatening, abusive or insulting is guilty of an offence if—
(a)he intends thereby to stir up racial hatred, or
(b)having regard to all the circumstances racial hatred is likely to be stirred up thereby.
(2)In this Part " recording " means any record from which visual images or sounds may, by any means, be reproduced; and references to the distribution, showing or playing of a recording are to its distribution, showing or playing to the public or a section of the public.
(3)In proceedings for an offence under this section it is a defence for an accused who is not shown to have intended to stir up racial hatred to prove that he was not aware of the content of the recording and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.
(4)This section does not apply to the showing or playing of a recording solely for the purpose of enabling the recording to be broadcast or included in a cable programme service.
(1)If a programme involving threatening, abusive or insulting visual images or sounds is broadcast, or included in a cable programme service, each of the persons mentioned in subsection (2) is guilty of an offence if—
(a)he intends thereby to stir up racial hatred, or
(b)having regard to all the circumstances racial hatred is likely to be stirred up thereby.
(2)The persons are—
(a)the person providing the broadcasting or cable programme service,
(b)any person by whom the programme is produced or directed, and
(c)any person by whom offending words or behaviour are used.
(3)If the person providing the service, or a person by whom the programme was produced or directed, is not shown to have intended to stir up racial hatred, it is a defence for him to prove that—
(a)he did not know and had no reason to suspect that the programme would involve the offending material, and
(b)having regard to the circumstances in which the programme was broadcast, or included in a cable programme service, it was not reasonably practicable for him to secure the removal of the material.
(4)It is a defence for a person by whom the programme was produced or directed who is not shown to have intended to stir up racial hatred to prove that he did not know and had no reason to suspect—
(a)that the programme would be broadcast or included in a cable programme service, or
(b)that the circumstances in which the programme would be broadcast or so included would be such that racial hatred would be likely to be stirred up.
(5)It is a defence for a person by whom offending words or behaviour were used and who is not shown to have intended to stir up racial hatred to prove that he did not know and had no reason to suspect—
(a)that a programme involving the use of the offending material would be broadcast or included in a cable programme service, or
(b)that the circumstances in which a programme involving the use of the offending material would be broadcast, or so included, or in which a programme broadcast or so included would involve the use of the offending material, would be such that racial hatred would be likely to be stirred up.
(6)A person who is not shown to have intended to stir up racial hatred is not guilty of an offence under this section if he did not know, and had no reason to suspect, that the offending material was threatening, abusive or insulting.
(7)This section does not apply—
(a)to the broadcasting of a programme by the British Broadcasting Corporation or the Independent Broadcasting Authority, or
(b)to the inclusion of a programme in a cable programme service by the reception and immediate re-transmission of a broadcast by either of those authorities.
(8)The following provisions of the [1984 c. 46.] Cable and Broadcasting Act 1984 apply to an offence under this section as they apply to a " relevant offence " as defined in section 33(2) of that Act—
section 33 (scripts as evidence),
section 34 (power to make copies of scripts and records),
section 35 (availability of visual and sound records);
and sections 33 and 34 of that Act apply to an offence under this section in connection with the broadcasting of a programme as they apply to an offence in connection with the inclusion of a programme in a cable programme service.
(1)A person who has in his possession written material which is threatening, abusive or insulting, or a recording of visual images or sounds which are threatening, abusive or insulting, with a view to—
(a)in the case of written material, its being displayed, published, distributed, broadcast or included in a cable programme service, whether by himself or another, or
(b)in the case of a recording, its being distributed, shown, played, broadcast or included in a cable programme service, whether by himself or another,
is guilty of an offence if he intends racial hatred to be stirred up thereby or, having regard to all the circumstances, racial hatred is likely to be stirred up thereby.
(2)For this purpose regard shall be had to such display, publication, distribution, showing, playing, broadcasting or inclusion in a cable programme service as he has, or it may reasonably be inferred that he has, in view.
(3)In proceedings for an offence under this section it is a defence for an accused who is not shown to have intended to stir up racial hatred to prove that he was not aware of the content of the written material or recording and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.
(4)This section does not apply to the possession of written material or a recording by or on behalf of the British Broadcasting Corporation or the Independent Broadcasting Authority or with a view to its being broadcast by either of those authorities.
(1)If in England and Wales a justice of the peace is satisfied by information on oath laid by a constable that there are reasonable grounds for suspecting that a person has possession of written material or a recording in contravention of section 23, the justice may issue a warrant under his hand authorising any constable to enter and search the premises where it is suspected the material or recording is situated.
(2)If in Scotland a sheriff or justice of the peace is satisfied by evidence on oath that there are reasonable grounds for suspecting that a person has possession of written material or a recording in contravention of section 23, the sheriff or justice may issue a warrant authorising any constable to enter and search the premises where it is suspected the material or recording is situated.
(3)A constable entering or searching premises in pursuance of a warrant issued under this section may use reasonable force if necessary.
(4)In this section " premises" means any place and, in particular, includes—
(a)any vehicle, vessel, aircraft or hovercraft,
(b)any offshore installation as defined in section 1(3) (b) of the [1971 c. 61.] Mineral Workings (Offshore Installations) Act 1971, and
(c)any tent or movable structure.
(1)A court by or before which a person is convicted of—
(a)an offence under section 18 relating to the display of written material, or
(b)an offence under section 19, 21 or 23,
shall order to be forfeited any written material or recording produced to the court and shown to its satisfaction to be written material or a recording to which the offence relates.
(2)An order made under this section shall not take effect—
(a)in the case of an order made in proceedings in England and Wales, until the expiry of the ordinary time within which an appeal may be instituted or, where an appeal is duly instituted, until it is finally decided or abandoned;
(b)in the case of an order made in proceedings in Scotland, until the expiration of the time within which, by virtue of any statute, an appeal may be instituted or, where such an appeal is duly instituted, until the appeal is finally decided or abandoned.
(3)For the purposes of subsection (2) (a)—
(a)an application for a case stated or for leave to appeal shall be treated as the institution of an appeal, and
(b)where a decision on appeal is subject to a further appeal, the appeal is not finally determined until the expiry of the ordinary time within which a further appeal may be instituted or, where a further appeal is duly instituted, until the further appeal is finally decided or abandoned.
(4)For the purposes of subsection (2) (b) the lodging of an application for a stated case or note of appeal against sentence shall be treated as the institution of an appeal.
(1)Nothing in this Part applies to a fair and accurate report of proceedings in Parliament.
(2)Nothing in this Part applies to a fair and accurate report of proceedings publicly heard before a court or tribunal exercising judicial authority where the report is published contemporaneously with the proceedings or, if it is not reasonably practicable or would be unlawful to publish a report of them contemporaneously, as soon as publication is reasonably practicable and lawful.
(1)No proceedings for an offence under this Part may be instituted in England and Wales except by or with the consent of the Attorney General.
(2)For the purposes of the rules in England and Wales against charging more than one offence in the same count or information, each of sections 18 to 23 creates one offence.
(3)A person guilty of an offence under this Part is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both ;
(b)on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
(1)Where a body corporate is guilty of an offence under this Part and it is shown that the offence was committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director.
In this Part—
" broadcast " means broadcast by wireless telegraphy (within the meaning of the [1949 c. 54.] Wireless Telegraphy Act 1949) for general reception, whether by way of sound broadcasting or television ;
" cable programme service " has the same meaning as in the [1984 c. 46.] Cable and Broadcasting Act 1984 ;
" distribute ", and related expressions, shall be construed in accordance with section 19(3) (written material) and section 21(2) (recordings);
" dwelling " means any structure or part of a structure occupied as a person's home or other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied, and for this purpose " structure " includes a tent, caravan, vehicle, vessel or other temporary or movable structure;
" programme" means any item which is broadcast or included in a cable programme service ;
" publish ", and related expressions, in relation to written material, shall be construed in accordance with section 19 (3);
" racial hatred " has the meaning given by section 17 ;
" recording " has the meaning given by section 21(2), and " play " and " show ", and related expressions, in relation to a recording, shall be construed in accordance with that provision;
" written material" includes any sign or other visible representation.
(1)A court by or before which a person is convicted of an offence to which section 31 applies may make an order (an exclusion order) prohibiting him from entering any premises for the purpose of attending any prescribed football match there.
(2)No exclusion order may be made unless the court is satisfied that making such an order in relation to the accused would help to prevent violence or disorder at or in connection with prescribed football matches.
(3)An exclusion order may only be made—
(a)in addition to a sentence imposed in respect of the offence of which the accused is convicted, or
(b)in addition to a probation order or an order discharging him absolutely or conditionally.
(4)An exclusion order may be made as mentioned in subsection (3)(b) notwithstanding anything in sections 2, 7 and 13 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (which relate to orders there mentioned and their effect).
(1)This section applies to any offence which fulfils one or more of the following three conditions.
(2)The first condition is that the offence was committed during any period relevant to a prescribed football match (as determined under subsections (6) to (8)), while the accused was at, or was entering or leaving or trying to enter or leave, the football ground concerned.
(3)The second condition is that the offence—
(a)involved the use or threat of violence by the accused towards another person and was committed while one or each of them was on a journey to or from an association football match,
(b)involved the use or threat of violence towards property and was committed while the accused was on such a journey, or
(c)was committed under section 5 or Part III while the accused was on such a journey.
(4)The third condition is that the offence was committed under section 1(3) or (4) or 1A(3) or (4) of the [1985 c. 57.] Sporting Events (Control of Alcohol etc.) Act 1985 (alcohol on journeys to or from certain sporting events) and the designated sporting event concerned was an association football match.
(5)For the purposes of subsection (3) a person's journey includes breaks (including overnight breaks).
(6)The period beginning 2 hours before the start of the match or (if earlier) 2 hours before the time at which it is advertised to start, and ending 1 hour after the end of it, is a period relevant to it.
(7)Where the match is advertised to start at a particular time on a particular day and is postponed to a later day, the period in the advertised day beginning 2 hours before and ending 1 hour after that time is also a period relevant to it.
(8)Where the match is advertised to start at a particular time on a particular day and does not take place, the period in that day beginning 2 hours before and ending 1 hour after that time is a period relevant to it.
(1)An exclusion order shall have effect for such period as is specified in the order.
(2)The period shall be not less than three months or, in the case of a person already subject to an exclusion order, not less than three months plus the unexpired period of the earlier order or, if there is more than one earlier order, of the most recent order.
(3)A person who enters premises in breach of an exclusion order is guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 1 month or a fine not exceeding level 3 on the standard scale or both.
(4)A constable who reasonably suspects that a person has entered premises in breach of an exclusion order may arrest him without warrant.
(1)A person in relation to whom an exclusion order has had effect for at least one year may apply to the court by which it was made to terminate it.
(2)On such an application the court may, having regard to the person's character, his conduct since the order was made, the nature of the offence which led to it and any other circumstances of the case, either by order terminate the order (as from a date specified in the terminating order) or refuse the application.
(3)Where an application under this section is refused, a further application in respect of the exclusion order snail not be entertained if made within the period of six months beginning with the day of the refusal.
(4)The court may order the applicant to pay all or any part of the costs of an application under this section.
(5)In the case of an exclusion order made by a magistrates' court, the reference in subsection (1) to the court by which it was made includes a reference to any magistrates' court acting for the same petty sessions area as that court.
(6)Section 63(2) of the [1980 c. 43.] Magistrates' Courts Act 1980 (power to suspend or rescind orders) does not apply to an exclusion order.
(1)Where a court makes an exclusion order, the clerk of the court (in the case of a magistrates' court) or the appropriate officer (in the case of the Crown Court)—
(a)shall give a copy of it to the person to whom it relates,
(b)shall (as soon as reasonably practicable) send a copy of it to the chief officer of police for the police area in which the offence leading to the order was committed, and
(c)shall (as soon as reasonably practicable) send a copy of it to any prescribed person.
(2)Where a court terminates an exclusion order under section 28, the clerk of the court (in the case of a magistrates' court) or the appropriate officer (in the case of the Crown Court)—
(a)shall give a copy of the terminating order to the person to whom the exclusion order relates,
(b)shall (as soon as reasonably practicable) send a copy of the terminating order to the chief officer of police for the police area in which the offence leading to the exclusion order was committed, and
(c)shall (as soon as reasonably practicable) send a copy of the terminating order to any prescribed person.
(3)References in this section to the clerk of a magistrates' court shall be construed in accordance with section 141 of the [1980 c. 43.] Magistrates' Courts Act 1980, reading references to that Act as references to this section.
(4)In this section " prescribed " means prescribed by order made by the Secretary of State.
(5)The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(1)The court by which an exclusion order is made may make an order which—
(a)requires a constable to take a photograph of the person to whom the exclusion order relates or to cause such a photograph to be taken, and
(b)requires that person to go to a specified police station not later than 7 clear days after the day on which the order under this section is made, and at a specified time of day or between specified times of day, in order to have his photograph taken.
(2)In subsection (1) " specified " means specified in the order made under this section.
(3)No order may be made under this section unless an application to make it is made to the court by or on behalf of the person who is the prosecutor in respect of the offence leading to the exclusion order.
(4)If the person to whom the exclusion order relates fails to comply with an order under this section a constable may arrest him without warrant in order that his photograph may be taken.
(1)In this Part " prescribed football match " means an association football match of any description prescribed by order made by the Secretary of State.
(2)The power to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
(1)The Secretary of State may by order provide for sections 30 to 35 to apply as if—
(a)any reference to an association football match included a reference to a sporting event of a kind specified in the order, and
(b)any reference to a prescribed football match included a reference to such a sporting event of a description specified in the order.
(2)An order under subsection (1) may make such modifications of those sections, as they apply by virtue of the order, as the Secretary of State thinks fit.
(3)The power to make an order under this section shall be exercisable by statutory instrument, and no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
(1)It is an offence for a person, with the intention—
(a)of causing public alarm or anxiety, or
(b)of causing injury to members of the public consuming or using the goods, or
(c)of causing economic loss to any person by reason of the goods being shunned by members of the public, or
(d)of causing economic loss to any person by reason of steps taken to avoid any such alarm or anxiety, injury or loss,
to contaminate or interfere with goods, or make it appear that goods have been contaminated or interfered with, or to place goods which have been contaminated or interfered with, or which appear to have been contaminated or interfered with, in a place where goods of that description are consumed, used, sold or otherwise supplied.
(2)It is also an offence for a person, with any such intention as is mentioned in paragraph (a), (c) or (d) of subsection (1), to threaten that he or another will do, or to claim that he or another has done, any of the acts mentioned in that subsection.
(3)It is an offence for a person to be in possession of any of the following articles with a view to the commission of an offence under subsection (1)—
(a)materials to be used for contaminating or interfering with goods or making it appear that goods have been contaminated or interfered with, or
(b)goods which have been contaminated or interfered with, or which appear to have been contaminated or interfered with.
(4)A person guilty of an offence under this section is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding 10 years or a fine or both, or
(b)on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
(5)In this section "goods" includes substances whether natural or manufactured and whether or not incorporated in or mixed with other goods.
(6)The reference in subsection (2) to a person claiming that certain acts have been committed does not include a person who in good faith reports or warns that such acts have been, or appear to have been, committed.
(1)If the senior police officer reasonably believes that two or more persons have entered land as trespassers and are present there with the common purpose of residing there for any period, that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and—
(a)that any of those persons has caused damage to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or
(b)that those persons have between them brought twelve or more vehicles on to the land,
he may direct those persons, or any of them, to leave the land.
(2)If a person knowing that such a direction has been given which applies to him—
(a)fails to leave the land as soon as reasonably practicable, or
(b)having left again enters the land as a trespasser within the period of three months beginning with the day on which the direction was given,
he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine not exceeding level 4 on the standard scale, or both.
(3)A constable in uniform who reasonably suspects that a person is committing an offence under this section may arrest him without warrant.
(4)In proceedings for an offence under this section it is a defence for the accused to show—
(a)that his original entry on the land was not as a trespasser, or
(b)that he had a reasonable excuse for failing to leave the land as soon as reasonably practicable or, as the case may be, for again entering the land as a trespasser.
(5)In this section—
" land " does not include—
buildings other than—
agricultural buildings within the meaning of section 26(4) of the [1967 c. 9.] General Rate Act 1967, or
scheduled monuments within the meaning of the [1979 c. 46.] Ancient Monuments and Archaeological Areas Act 1979;
land forming part of a highway;
" occupier " means the person entitled to possession of the land by virtue of an estate or interest held by him ;
" property " means property within the meaning of section 10(1) of the [1971 c. 48.] Criminal Damage Act 1971;
" senior police officer " means the most senior in rank of the police officers present at the scene ;
" trespasser ", in relation to land, means a person who is a trespasser as against the occupier of the land ;
"vehicle" includes a caravan as defined in section 29(1) of the [1960 c. 62.] Caravan Sites and Control of Development Act 1960;
and a person may be regarded for the purposes of this section as having the purpose of residing in a place notwithstanding that he has a home elsewhere.
(1)Schedule 1, which amends the Sporting Events (Control of Alcohol etc.) Act 1985 and Part V of the Criminal Justice (Scotland) Act 1980, shall have effect.
(2)Schedule 2, which contains miscellaneous and consequential amendments, shall have effect.
(3)The enactments mentioned in Schedule 3 (which include enactments related to the subject matter of this Act but already obsolete or unnecessary) are repealed to the extent specified in column 3.
(4)Nothing in this Act affects the common law powers in England and Wales to deal with or prevent a breach of the peace.
(5)As respects Scotland, nothing in this Act affects any power of a constable under any rule of law.
(1)This Act shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed for different provisions or different purposes.
(2)Nothing in a provision of this Act applies in relation to an offence committed or act done before the provision comes into force.
(3)Where a provision of this Act comes into force for certain purposes only, the references in subsection (2) to the provision are references to it so far as it relates to those purposes.
(1)The provisions of this Act extend to England and Wales except so far as they—
(a)amend or repeal an enactment which does not so extend, or
(b)relate to the extent of provisions to Scotland or Northern Ireland.
(2)The following provisions of this Act extend to Scotland—
in Part I, section 9(2) except paragraph (a);
in Part II, sections 12 and 14 to 16;
Part III
Part V, except sections 38, 39, 40(4), subsections (1) and (3) of this section and any provision amending or repealing an enactment which does not extend to Scotland
(3)The following provisions of this Act extend to Northern Ireland—
sections 38, 41, this subsection, section 43 and paragraph 6 of Schedule 2.
This Act may be cited as the Public Order Act 1986.
Section 40(1).
1The [1985 c. 57.] Sporting Events (Control of Alcohol etc.) Act 1985 shall be amended as mentioned in this Part.
2The following shall be inserted after section 1 (offences in connection with alcohol on coaches and trains)—
(1)This section applies to a motor vehicle which—
(a)is not a public service vehicle but is adapted to carry more than 8 passengers, and
(b)is being used for the principal purpose of carrying two or more passengers for the whole or part of a journey to or from a designated sporting event.
(2)A person who knowingly causes or permits intoxicating liquor to be carried on a motor vehicle to which this section applies is guilty of an offence—
(a)if he is its driver, or
(b)if he is not its driver but is its keeper, the servant or agent of its keeper, a person to whom it is made available (by hire, loan or otherwise) by its keeper or the keeper's servant or agent, or the servant or agent of a person to whom it is so made available.
(3)A person who has intoxicating liquor in his possession while on a motor vehicle to which this section applies is guilty of an offence.
(4)A person who is drunk on a motor vehicle to which this section applies is guilty of an offence.
(5)In this section—
" keeper ", in relation to a vehicle, means the person having the duty to take out a licence for it under section 1(1) of the [1971 c. 10.] Vehicles (Excise) Act 1971,
" motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads, and
" public service vehicle " has the same meaning as in the [1981 c. 14.] Public Passenger Vehicles Act 1981.”.
3The following shall be inserted after section 2 (offences in connection with alcohol, containers etc. at sports grounds)—
(1)A person is guilty of an offence if he has an article or substance to which this section applies in his possession—
(a)at any time during the period of a designated sporting event when he is in any area of a designated sports ground from which the event may be directly viewed, or
(b)while entering or trying to enter a designated sports ground at any time during the period of a designated sporting event at the ground.
(2)It is a defence for the accused to prove that he had possession with lawful authority.
(3)This section applies to any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas ; and in particular it applies to distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not to matches, cigarette lighters or heaters.
(4)This section also applies to any article which is a firework.”.
4The following shall be inserted after section 5—
(1)In relation to a room in a designated sports ground—
(a)from which designated sporting events may be directly viewed, and
(b)to which the general public are not admitted,
sections 2(1) (a) and 3(1) (a) of this Act have effect with the substitution for the reference to the period of a designated sporting event of a reference to the restricted period defined below.
(2)Subject to any order under subsection (3) below, the restricted period of a designated sporting event for the purposes of this section is the period beginning 15 minutes before the start of the event or (if earlier) 15 minutes before the time at which it is advertised to start and ending 15 minutes after the end of the event, but—
(a)where an event advertised to start at a particular time on a particular day is postponed to a later day, the restricted period includes the period in the day on which it is advertised to take place beginning 15 minutes before and ending 15 minutes after that time, and
(b)where an event advertised to start at a particular time on a particular day does not take place, the period is the period referred to in paragraph (a) above.
(3)The Secretary of State may by order provide, in relation to all designated sporting events or in relation to such descriptions of event as are specified in the order—
(a)that the restricted period shall be such period, shorter than that mentioned in subsection (2) above, as may be specified in the order, or
(b)that there shall be no restricted period.
(4)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1)An occasional licence which is in force for any place situated in the area of a designated sports ground, and which would (apart from this section) authorise the sale of intoxicating liquor at the place during the whole or part of the period of a designated sporting event at the ground, shall not authorise such sale.
(2)Where the sale of intoxicating liquor would (apart from this section) be authorised by an occasional licence, its holder is guilty of an offence if he sells or authorises the sale of such liquor and by virtue of this section the licence does not authorise the sale.
(3)A person is guilty of an offence if he consumes intoxicating liquor at a place, or takes such liquor from a place, at a time when an occasional licence which would (apart from this section) authorise the sale of the liquor at the place does not do so by virtue of this section.
(1)Subsections (3) and (5) of section 39 of the [1964 c. 26.] Licensing Act 1964 (clubs), and subsection (4) of that section as it applies to subsection (3), shall not apply as regards the supply of intoxicating liquor in the area of a designated sports ground during the period of a designated sporting event at the ground or as regards the keeping of intoxicating liquor for such supply ; but subsections (2) to (5) below shall apply.
(2)During the period of such an event at the ground, intoxicating liquor shall not be supplied by or on behalf of a registered club to a member or guest in the area of the ground except at premises in respect of which the club is registered.
(3)A person supplying or authorising the supply of intoxicating liquor in contravention of subsection (2) above is guilty of an offence.
(4)A person who, during the period of such an event, obtains or consumes intoxicating liquor supplied in contravention of subsection (2) above is guilty of an offence.
(5)If intoxicating liquor is kept in any premises or place by or on behalf of a club for supply to members or their guests in contravention of subsection (2) above, every officer of the club is guilty of an offence unless he shows that it was so kept without his knowledge or consent.
(1)During the period of a designated sporting event at a designated sports ground, intoxicating liquor shall not be sold in the area of the ground except by sale by retail.
(2)A person selling or authorising the sale of intoxicating liquor in contravention of subsection (1) above is guilty of an offence.
(3)A person who, during the period of such an event, obtains or consumes intoxicating liquor sold in contravention of subsection (1) above is guilty of an offence.”.
5In sections 2 and 3, after subsection (1) insert—
“(1A)Subsection (1)(a) above has effect subject to section 5A(1) of this Act.”
6In section 7(3) (power to stop and search vehicles), after "public service vehicle (within the meaning of section 1 of this Act)" insert "or a motor vehicle to which section 1A of this Act applies".
7(1)Section 8 (penalties) shall be amended as follows.
(2)In paragraph (a) after "1(2)" there shall be inserted "or 1A(2)".
(3)In paragraph (b) after " 1(3)" there shall be inserted ", 1A(3)", after " 2(1) " there shall be inserted ", 2A(1)" and after 3(10) " there shall be inserted ", 5B(2), 5C(3), 5D(2)".
(4)In paragraph (c) after " 1(4)" there shall be inserted ", 1A(4)".
(5)At the end there shall be inserted—
“(d)in the case of an offence under section 5B(3), 5C(4) or 5D(3), to a fine not exceeding level 3 on the standard scale, and
(e)in the case of an offence under section 5C(5), to a fine not exceeding level 1 on the standard scale.”.
8Section 3(9) (notice varying order about sale or supply of intoxicating liquor) shall have effect, and be taken always to have had effect, as if in paragraph (b) " order " read " notice ".
9Part V of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980 (sporting events: control of alcohol etc.) shall be amended as mentioned in this Part.
10After section 70 there shall be inserted the following—
(1)This section applies to a motor vehicle which is not a public service vehicle but is adapted to carry more than 8 passengers and is being operated for the principal purpose of conveying two or more passengers for the whole or part of a journey to or from a designated sporting event.
(2)Any person in possession of alcohol on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both.
(3)Any person who is drunk on a vehicle to which this section applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(4)Any person who permits alcohol to be carried on a vehicle to which this section applies and—
(a)is the driver of the vehicle, or
(b)where he is not its driver, is the keeper of the vehicle, the employee or agent of the keeper, a person to whom it is made available (by hire, loan or otherwise) by the keeper or the keeper's employee or agent, or the employee or agent of a person to whom it is so made available,
shall, subject to section 71 of this Act, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.”.
11In section 71 (defences in connection with carriage of alcohol) for " or 70 " there shall be substituted ", 70 or 70A(4)".
12In section 75 (police powers of enforcement) for " or 70 " there shall be substituted ", 70 or 70A".
13In section 77 (interpretation of Part V)—
(a)the following definitions shall be inserted in the appropriate places alphabetically—
“" keeper ", in relation to a vehicle, means the person having the duty to take out a licence for it under section 1(1) of the [1971 c. 10.] Vehicles (Excise) Act 1971 ;
" motor vehicle " means a mechanically propelled vehicle intended or adapted for use on roads ;”; and
(b)in the definition of " public service vehicle " for the words " Part I of the Transport Act 1980 " there shall be substituted the words "the [1981 c. 14.] Public Passenger Vehicles Act 1981"; ".
14(1)After section 72 there shall be inserted the following—
(1)Any person who has entered the relevant area of a designated sports ground and is in possession of a controlled article or substance at any time during the period of a designated sporting event shall be guilty of an offence.
(2)Any person who, while in possession of a controlled article or substance, attempts to enter the relevant area of a designated sports ground at any time during the period of a designated sporting event at the ground shall be guilty of an offence.
(3)A person guilty of an offence under subsection (1) or (2) above shall be liable on summary conviction to imprisonment for a period not exceeding 60 days or to a fine not exceeding level 3 on the standard scale or both.
(4)It shall be a defence for a person charged with an offence under subsection (1) or (2) above to show that he had lawful authority to be in possession of the controlled article or substance.
(5)In subsections (1) and (2) above " controlled article or substance " means—
(a)any article or substance whose main purpose is the emission of a flare for purposes of illuminating or signalling (as opposed to igniting or heating) or the emission of smoke or a visible gas ; and in particular it includes distress flares, fog signals, and pellets and capsules intended to be used as fumigators or for testing pipes, but not matches, cigarette lighters or heaters; and
(b)any article which is a firework.”.
(2)In section 75 (police powers of enforcement) at the end of subparagraph (ii) of paragraph (e) there shall be inserted— “; or
(iii)a controlled article or substance as defined in section 72A(5) of this Act”.
Section 40(2).
1(1)In section 7 of the Conspiracy and Protection of Property Act 1875 (offence to intimidate etc. with a view to compelling another to abstain from doing or to do an act) for the words from " shall" to the end there shall be substituted "shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.".
(2)And the following shall be added at the end of that section—
“A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.”
2In section 1 of the Prevention of Crime Act 1953 (offence to have offensive weapon) at the end of subsection (4) (offensive weapon includes article intended by person having it for use by him) there shall be added " or by some other person ".
3(1)Part V of the Civic Government (Scotland) Act 1982 (public processions) shall be amended in accordance with this paragraph.
(2)In section 62 (notification of processions)—
(a)in subsection (1)—
(i)after " below " there shall be inserted "(a)."; and
(ii)at the end there shall be inserted— “; and
(b)to the chief constable.”;
(b)in subsection (2)—
(i)in paragraph (a), after " council" there shall be inserted "and to the office of the chief constable";
(ii)in paragraph (b), for " that office " there shall be substituted "those offices";
(c)in subsection (4)—
(i)after " area " there shall be inserted "(a)"; and
(ii)after " them " there shall be inserted— “; and
(b)intimated to the chief constable,”; and
(d)in subsection (12), in the definition of "public place", for "the Public Order Act 1936" there shall be substituted "Part II of the Public Order Act 1986".
(3)In section 63 (functions of regional and islands councils in relation to processions)—
(a)after subsection (1) there shall be inserted—
“(1A)Where notice of a proposal to hold a procession has been given or falls to be treated as having been given in accordance with section 62(1) of this Act—
(a)if a regional or islands council have made an order under subsection (1) above they may at any time thereafter, after consulting the chief constable, vary or revoke the order and, where they revoke it, make any order which they were empowered to make under that subsection ;
(b)if they have decided not to make an order they may at any time thereafter, after consulting the chief constable, make any order which they were empowered to make under that subsection.”;
(b)in subsection (2) after " (1)" there shall be inserted "or (1A)";
(c)in subsection (3)—
(i)in paragraph (a)(i), after "(1)" there shall be inserted or (1A) above " ;
(ii)in paragraph (a)(ii), for " such an order" there shall be substituted "an order under subsection (1) above or to revoke an order already made under subsection (1) or (1A) above";
(iii)at the end of paragraph (a)(ii). for "and" there shall be substituted—
“(iii)where they have, under subsection (1A) above, varied such an order, a copy of the order as varied and a written statement of the reasons for the variation ; and”;
(iv)in paragraph (b), after " (1)" there shall be inserted "or (1A)", and after " made " where third occurring there shall be inserted "and, if the order has been varied under subsection (1A) above, that it has been so varied"; and
(v)at the end of paragraph (b) there shall be inserted— “; and
(c)where they have revoked an order made under subsection (1) or (1A) above in relation to a proposal to hold a procession, make such arrangements as will ensure that persons who might take or are taking part in that procession are made aware of the fact that the order has been revoked.".”.
(4)In section 64 (appeals against orders under section 63)—
(a)in subsection (1) for the words from " against" to the end there shall be substituted— “against—
(a)an order made under section 63(1) or (1A) of this Act; or
(b)a variation under section 63(1A) of this Act of an order made under section 63(1) or (1A),
in relation to the procession.”;
(b)in subsection (4) after " make " there shall be inserted "or, as the case may be, to vary"; and
(c)in subsection (7) after " order " there shall be inserted "or, as the case may be, the variation of whose order".
(5)In section 65 (offences and enforcement)—
(a)in paragraphs (b) and (c) of subsection (1), after " (1) " there shall be inserted "or (1A)"; and
(b)in paragraphs (b) and (c) of subsection (2), after " (1) " there shall be inserted "or (1A)".
(6)In section 66 (relationship with Public Order Act 1936)—
(a)for " the Public Order Act 1936 " there shall be substituted "Part II of the Public Order Act 1986";
(b)in paragraph (a), for " or order made under section 3 " there shall be substituted "under section 12", and " or that order " shall be omitted ; and
(c)in paragraph (b), " or order under the said section 3 " shall be omitted.
4The following shall be inserted at the end of Part II of Schedule 1 to the Criminal Justice Act 1982 (statutory offences excluded from provisions for early release of prisoners)—
27Section 1 (riot).
28Section 2 (violent disorder).
29Section 3 (affray).".”.
5(1)The Cable and Broadcasting Act 1984 as it extends to England and Wales and Scotland is amended as follows.
(2)Omit section 27 (inclusion of programme in cable programme service likely to stir up racial hatred).
(3)In section 28 (amendment of the law of defamation), at the end add—
“(6)In this section " words" includes pictures, visual images, gestures and other methods of signifying meaning.”.
(4)In section 33(2), in the definition of "relevant offence" omit "an offence under section 27 above or".
6(1)Section 27 of the Cable and Broadcasting Act 1984 as it extends to Northern Ireland is amended as follows.
(2)For subsections (1) to (5) substitute—
“(1)If a programme involving threatening, abusive or insulting visual images or sounds is included in a cable programme service, each of the persons mentioned in subsection (2) below is guilty of an offence if—
(a)he intends thereby to stir up racial hatred, or
(b)having regard to all the circumstances racial hatred is likely to be stirred up thereby.
(2)The persons are—
(a)the person providing the cable programme service,
(b)any person by whom the programme is produced or directed, and
(c)any person by whom offending words or behaviour are used.
(3)If the person providing the service, or a person by whom the programme was produced or directed, is not shown to have intended to stir up racial hatred, it is a defence for him to prove that—
(a)he did not know and had no reason to suspect that the programme would involve the offending material, and
(b)having regard to the circumstances in which the programme was included in a cable programme service, it was not reasonably practicable for him to secure the removal of the material.
(4)It is a defence for a person by whom the programme was produced or directed who is not shown to have intended to stir up racial hatred to prove that he did not know and had no reason to suspect-
(a)that the programme would be included in a cable programme service, or
(b)that the circumstances in which the programme would be so included would be such that racial hatred would be likely to be stirred up.
(5)It is a defence for a person by whom offending words or behaviour were used and who is not shown to have intended to stir up racial hatred to prove that he did not know and had no reason to suspect—
(a)that a programme involving the use of the offending material would be included in a cable programme service, or
(b)that the circumstances in which a programme involving the use of the offending material would be so included, or in which a programme so included would involve the use of the offending material, would be such that racial hatred would be likely to be stirred up.
(5A)A person who is not shown to have intended to stir up racial hatred is not guilty of an offence under this section if he did not know, and had no reason to suspect, that the offending material was threatening, abusive or insulting.
(5B)A person guilty of an offence under this section is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both ;
(b)on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.”.
(3)In subsection (8) (consents to prosecutions), for the words from " shall not be instituted " to the end substitute "shall not be instituted except by or with the consent of the Attorney General for Northern Ireland.".
(4)In subsection (9) (interpretation) for "' racial group' means a group of persons " substitute "' racial hatred' means hatred against a group of persons in Northern Ireland".
(5)After subsection (10) insert—
“(11)This section extends to Northern Ireland only.”.
7In section 17(1)(c) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest for certain offences) in subparagraph (i) the words from " 4 " to " peace)" shall be omitted and after sub-paragraph (ii) there shall be inserted—
“(iii)section 4 of the Public Order Act 1986 (fear or provocation of violence);”.
Section 40(3).
| Chapter | Short Title | Extent of Repeal |
|---|---|---|
| 13 Chas. 2. Stat. 1. c. 5. | Tumultuous Petitioning Act 1661. | The whole Act. |
| 33 Geo. 3. c. 67. | Shipping Offences Act 1793. | The whole Act. |
| 57 Geo. 3. c. 19. | Seditious Meetings Act 1817. | The whole Act. |
| 5 Geo. 4. c. 83. | Vagrancy Act 1824. | In section 4, the words from " every person being armed " to " arrestable offence " and from " and every such gun " to the end. |
| 2 & 3 Vict, c. 47. | Metropolitan Police Act 1839. | In section 54, paragraph 13. |
| 2 & 3 Vict, c. xciv. | City of London Police Act 1839. | In section 35, paragraph 13. |
| 3 Edw. 7.c .ccl. | Erith Tramways and Improvement Act 1903. | Section 171. |
| 1 Edw. 8 & 1 Geo. 6. c. 6. | Public Order Act 1936. | Section 3. |
| Section 4. | ||
| Section 5. | ||
| Section 5A. | ||
| In section 7, in subsection (2) the words " or section 5 or 5A " and in subsection (3) the words " , four or five ". | ||
| Section 8 (6). | ||
| In section 9, in subsection (1) the definition of " public procession " and in subsection (3) the words " by the council of any borough or district or ". | ||
| 7 & 8 Geo. 6. c.xxi. | Middlesex County Council Act 1944. | Section 309. |
| 1967 c. 58. | Criminal Law Act 1967. | Section 11(3). |
| In Schedule 2, paragraph 2(1)(b). | ||
| 1968 c. 54. | Theatres Act 1968. | Section 5. |
| In sections 7(2), 8, 9(1), 10 (1) (a) and (b), 15(1)(a)and 18(2), the references to section 5. | ||
| 1976 c. 74. | Race Relations Act 1976. | Section 70. |
| Section 79(6). | ||
| 1976 c. xxxv. | County of South Glamorgan Act 1976. | Section 25. |
| In Part I of Schedule 3, the entry relating to section 25. | ||
| 1980 c. 62. | Criminal Justice (Scotland) Act 1980. | In section 75(e)(i), the word " or " at the end. |
| 1980 c. x. | County of Merseyside Act 1980. | In section 30(2), paragraph (b), the word " and " preceding that paragraph and the words from " and may make" to the end. |
| In section 30(5), the words " in the said section 31 or ". | ||
| Section 31. | ||
| In section 137(2), the reference to section 31. | ||
| 1980 c. xi. | West Midlands County Council Act 1980. | Section 38, except subsection (4). |
| In section 116(2), the reference to section 38. | ||
| 1980 c. xiii. | Cheshire County Council Act 1980. | Section 28, except subsection (4). |
| In section 108(2), the reference to section 28. | ||
| 1980 c. xv. | Isle of Wight Act 1980. | Section 26, except subsection (4). |
| In section 63(2), the reference to section 26. | ||
| 1981 c. ix. | Greater Manchester Act 1981. | Section 56, except subsection (4). |
| In section 179(2), the reference to section 56. | ||
| 1981 c. xxv. | East Sussex Act 1981. | Section 29. |
| In section 102(2), the reference to section 29. | ||
| 1982 c. 45. | Civic Government (Scotland) Act 1982. | Section 62(10). |
| In section 63(3)(a)(i), the word " or " at the end. | ||
| In section 66, in paragraph (a), the words " or that order ", and in paragraph (b) the words " or order under the said section 3 ". | ||
| 1982 c. 48. | Criminal Justice Act 1982. | In Part I of Schedule 1, the entries relating to riot and affray. |
| 1984 c. 46. | Cable and Broadcasting Act 1984. | Section 27. |
| In section 33 (2), the words "an offence under section 27 above or". | ||
| 1984 c. 60. | Police and Criminal Evidence Act 1984. | In section 17(1 )(c)fi) the words from " 4 " to " peace) ". |
| 1985 c. 57. | Sporting Events (Control of Alcohol etc.) Act 1985. | In section 8, the word " and " at the end of paragraph (b). |