The Public Order Offence Hierarchy
Public order law in England and Wales is structured as a hierarchy under the Public Order Act 1986. Riot (s.1) requires 12 or more persons using or threatening unlawful violence for a common purpose — indictable only, maximum ten years. Violent disorder (s.2) requires three or more persons — either way, maximum five years. Affray (s.3) can be committed by a single person — either way, maximum three years. Sections 4, 4A, and 5 deal with threatening behaviour and harassment at diminishing levels of seriousness.
Protest Offences — Public Order Act 2023
The Public Order Act 2023 introduced new criminal offences targeting disruptive protest activity, including locking-on (attaching yourself to another person, an object, or land in a manner capable of causing serious disruption) and obstruction of major transport works. Serious Disruption Prevention Orders can also be imposed on individuals involved in protest-related conduct on two or more occasions within a five-year period, even without a current conviction.
| Offence | Section | Maximum |
|---|---|---|
| Riot | s.1 POA 1986 | 10 years |
| Violent disorder | s.2 POA 1986 | 5 years |
| Affray | s.3 POA 1986 | 3 years |
| Fear / provocation of violence | s.4 POA 1986 | 6 months |
| Intentional harassment / distress | s.4A POA 1986 | 6 months |
| Harassment / distress | s.5 POA 1986 | Fine only |
| Aggravated s.5 | s.31 CDA 1998 | 2 years |
Defence Strategy
Available defences depend on the specific charge and the facts. Under section 5, it is a complete statutory defence to prove that your conduct was reasonable in the circumstances. Where an allegation arises from a protest, Articles 10 and 11 of the European Convention on Human Rights — freedom of expression and freedom of assembly — may be engaged and can support a defence or reduce the level of any sentence.
What to Do if You Are Arrested or Under Investigation
If you have been arrested or are under investigation for a public order offence, do not speak to the police without a solicitor present. The charges ultimately brought can depend heavily on what is said at interview. Pre-charge engagement — presenting evidence and representations before a charging decision is taken — has in many cases resulted in no charge, a caution, or a community resolution.