ABSTRACT
The Public Order Act 1986 (POA 1986) received royal assent on November 1986. The Act was adopted 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 to provide for the exclusion of certain offenders from sporting events. Particular care should be taken in dealing with social media cases in this way because public order legislation is primarily concerned with words spoken or actions carried out in the presence and there are restrictions on prosecuting words or conduct by a person in a dwelling. In some cases, prosecutors may be satisfied that the incitement provisions in Part III of the POA should be used. Such cases must be referred to the Special Crime and Counter Terrorism Division (SCCTD) and require the consent of the Attorney General to proceed.
