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- Point in Time (16/07/2008)
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Version Superseded: 12/04/2010
Point in time view as at 16/07/2008.
The Public Order (Northern Ireland) Order 1987, PART IV is up to date with all changes known to be in force on or before 22 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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18.—(1) A person who in any public place uses—
(a)F1. . . disorderly behaviour; or
(b)behaviour whereby a breach of the peace is likely to be occasioned,
shall be guilty of an offence.
(2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.
[F1(3) A person who in any public place uses riotous behaviour shall be guilty of an offence.
(4) A person guilty of an offence under paragraph (3) shall be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the standard scale or to both.]
19.—(1) A person who in any public place or at or in relation to any public meeting or public procession—
(a)uses threatening, abusive or insulting words or behaviour; or
(b)displays anything or does any act; or
(c)being the owner or occupier of any land or premises, causes or permits anything to be displayed or any act to be done thereon,
with intent to provoke a breach of the peace or by which a breach of the peace or public disorder is likely to be occasioned (whether immediately or at any time afterwards) shall be guilty of an offence.
(2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale, or to both.
20.—(1) A person who, by sitting, standing, kneeling, lying down or otherwise conducting himself in a public place, wilfully obstructs or seeks to obstruct traffic or wilfully hinders, or seeks to hinder, any lawful activity shall be guilty of an offence.
(2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to imprisonment for a term not exceeding 1 month or to a fine not exceeding level 3 on the standard scale, or to both.
21.—(1) Subject to paragraph (2), a person who in any public place or at any public meeting wears uniform signifying his association with any political organisation or with the promotion of any political object shall be guilty of an offence.
(2) The Chief Constable, if satisfied that the wearing thereof on any ceremonial, anniversary, or other special occasion, will not be likely to involve risk of public disorder, may, with the consent of the Secretary of State, by order permit the wearing of the uniform on that occasion either absolutely or subject to any conditions specified in the order.
(3) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale, or to both.
22.—(1) A person who, without lawful authority or reasonable excuse (proof of which lies on him), has with him in any public place any offensive weapon shall be guilty of an offence.
(2) In paragraph (1) “offensive weapon” means any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person.
(3) A person guilty of an offence under paragraph (1) shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding [F212 months] or to a fine not exceeding the statutory maximum, or to both; or
(b)on conviction on indictment, to imprisonment for a term not exceeding[F3 4] years or to a fine, or to both.
F2Words in art. 22(3)(a) substituted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 90(1); S.R. 2008/293, art. 2, Sch.
23.—(1) A person who—
(a)enters any public building as a trespasser; or
(b)not being engaged in the discharge of duties, or the perfor-mance of obligations, connected with activities normally carried on in a public building wilfully neglects or fails to comply as soon as is practicable with a direction to leave that building given by an authorised person or by a constable, at the request of an authorised person; or
(c)knowingly interferes with the carrying on of any lawful activity in any public building,
shall, without prejudice to the operation of any other statutory provision or rule of law, be guilty of an offence.
(2) A person guilty of an offence under paragraph (1) shall be liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both; or
(b)on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine, or to both.
(3) A constable, if so requested by an authorised person, may remove from a public building any person who commits an offence under paragraph (1) in that building.
(4) An authorised person who gives a direction under paragraph (1)(b) to any person shall, if so required by that person, produce his authorisation to give such a direction.
(5) In this Article “authorised person”, in relation to a public building, means a person authorised in writing by the body or person owning, or lawfully occupying or using, the building to give directions under paragraph (1)(b) with respect to that building.
(6) In this Article “public building” includes—
(a)any building or part of a building which—
(i)is owned, occupied or used for any purpose by or on behalf of a public body or for the purposes of any grant-aided school or institution of further or higher education; or
(ii)is occupied or used for judicial or police purposes or for the purposes of the Assembly;
(b)any place or thing which is within the curtilage of such a building.
(7) For the purposes of this Article any place which is—
(a)Part of the Stormont Estate within the meaning of the Stormont Regulation and Government Property Act (Northern Ireland) 1933; or
(b)Part of the demesne and other lands referred to in section 1 of the Government Property (Amendment) Act (Northern Ireland) 1955,
shall be deemed to be within the curtilage of a public building.
(8) In this Article “public body” includes—
(a)a department of the Government of the United Kingdom or a Northern Ireland department;
(b)a district council or any committee appointed wholly or partly by a district council;
(c)any board, commissioners or other body authorised to supply services under any statutory provision, whether of a general or special nature; and
(d)any other public authority, board, commissioners or body of any kind constituted by or under any statutory provision, whether of a general or special nature.
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