Public Order Offences

Public Order Offences Explained

Public order offences cover a range of behaviours that can occur in public spaces, often during protests, confrontations, or large gatherings. These offences are primarily dealt with under the Public Order Act 1986 and related legislation. Below is a summary of key offences and how they are defined under the law:

Riot – Section 1 Public Order Act 1986

A person may be guilty of riot if 12 or more individuals use or threaten unlawful violence for a common purpose and their collective conduct would cause a person of reasonable firmness to fear for their safety. This is among the most serious public order offences and typically results in Crown Court proceedings.

• Maximum sentence: Up to 10 years’ imprisonment and/or an unlimited fine

Violent Disorder – Section 2

Violent disorder involves three or more people using or threatening unlawful violence. Unlike riot, the offence does not require a common purpose, but the behaviour must still be such that it would cause fear to an ordinary person witnessing the event.

• Maximum sentence: Up to 5 years’ imprisonment and/or a fine

Affray – Section 3

Affray can be committed by a minimum of two people and occurs when unlawful violence is used or threatened, causing a person of reasonable firmness present at the scene to fear for their safety. Unlike riot or violent disorder, affray can be committed in private as well as public places.

• Maximum sentence: Up to 3 years’ imprisonment and/or a fine

Threatening Behaviour – Section 4

It is an offence under Section 4 to use threatening, abusive or insulting words or behaviour, or to distribute any such written material, with intent to cause another person to believe that immediate unlawful violence will be used against them.

• Maximum sentence: Up to 6 months’ imprisonment, a fine, or both

Intentional Harassment, Alarm or Distress – Section 4A

Section 4A makes it an offence to use threatening, abusive or insulting words, behaviour, or visible representations with the intent to cause harassment, alarm, or distress to another person.

• Can be committed through:
  • Spoken or shouted words
  • Written signs or gestures
  • Aggressive or confrontational behaviour
• Maximum sentence: Up to 6 months’ imprisonment, a fine, or both

Drunk and Disorderly Behaviour

A person commits this offence by being intoxicated in a public place and behaving in a disorderly manner, typically in a way that causes nuisance or disturbance. This is a summary-only offence, often dealt with at the Magistrates’ Court.

• Maximum penalty: A fine (typically Level 3 on the standard scale)

How We Can Help

Given the serious consequences associated with a conviction for Public Order Offences, particularly those of Riot, Violent Disorder, Affray and section 4, it is essential to seek legal advice if you are under investigation or facing charges. An experienced solicitor can assess your case, advise on potential defences, and represent you effectively throughout the legal process. We are able to provide representation at the outset in police station interview, through to the Magistrates Court and the Crown Court.