Public Order
The Public Order Act 1986 creates several public order offences
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Public Order Offences
As the name of the Act suggests, these are offences which are generally committed in public, some can be committed in private. The offences relate to varying degrees of disorder and include the following:
Riot (Section 1).
Violent Disorder (Section 2).
Affray (Section 3).
Threatening Behaviour (Section 4 or 4A).
Harassment, Alarm or Distress (Section 5).
Sentencing
Riot – Up to 10 years imprisonment.
Violent Disorder – Up to 5 years imprisonment.
Affray – Up to 3 years imprisonment.
Racially Aggravated Threatening Behaviour – Up to 2 years imprisonment.
Threatening Behaviour – Up to 6 months imprisonment.
Harassment, Alarm or Distress (section 5) – A maximum fine of £1000 / £2500 fine if racially aggravated.
Defences
Most defences are fact specific to each case, however, typical defences are to deny the offence or deny any intent. You may also suggest that a person of reasonable firmness would not have feared for their safety (no person of reasonable firmness needs to be present). It is also necessary to consider the location of the alleged offence as this may be a defence.
If you are being investigated or prosecuted for any public order offence, please get in touch with our specialist team.