The Student Room Group

Is the Public Order Act 1986 draconian and a breach of civil liberties?

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Reply 20
Avatar for Mad Vlad
Mad Vlad
19
Original post by storna
See the Criminal Justice and Public Order Act 1994 - it removed the statutory warning.


Because I don't have time to scour through that piece of legislation, can you please cite the specific section. I've not seen any notice that it's been superceded or amended.
Reply 21
Avatar for storna
storna
OP
Original post by Mad Vlad
Because I don't have time to scour through that piece of legislation, can you please cite the specific section. I've not seen any notice that it's been superceded or amended.


http://www.legislation.gov.uk/ukpga/1994/33/section/154

"Sections 5(4) and (5) of the 1986 Act formerly provided a statutory power of arrest (which required a warning to be given beforehand). They were repealed by section 174 of, and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005. Arrest for this offence is now governed by section 24 of the Police and Criminal Evidence Act 1984 (as substituted by the 2005 Act)."

http://en.wikipedia.org/wiki/Harassment,_alarm_or_distress
Reply 22
Avatar for Mad Vlad
Mad Vlad
19
Original post by storna
http://www.legislation.gov.uk/ukpga/1994/33/section/154

"Sections 5(4) and (5) of the 1986 Act formerly provided a statutory power of arrest (which required a warning to be given beforehand). They were repealed by section 174 of, and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005. Arrest for this offence is now governed by section 24 of the Police and Criminal Evidence Act 1984 (as substituted by the 2005 Act)."

http://en.wikipedia.org/wiki/Harassment,_alarm_or_distress


Well found. Oh well, my original point still stands - in my experience an officer will still give a verbal warning - it's called common sense policing.

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