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Public order offences, governed by the Public Order Act 1986, cover a broad spectrum of crimes, from riots to public threatening or abusive language.
The law relating to public order offences can often seem complicated, so it is important to obtain expert legal advice at the earliest stage if you have been accused or arrested of such an offence.
What is a Public Order offence UK?
Public order offences usually involve the threat or use of violence, abuse or harassment towards an individual or a group. A conviction for this type of offence, even when no one has been hurt or any signs of property damage, can cause harm to a person’s reputation or career prospects, a criminal conviction and in more serious cases, a prison sentence.
What are the different types of offences?
Section 1 of the Public Order Act covers a Riot offence. This is where 12 or more people are present together, threatening unlawful violence with a ‘common purpose’ and their conduct (or behaviour) would cause a ‘reasonable’ person to fear for their personal safety.
A riot can occur in either a public or a private place. This offence is tried on indictment which means it will always be dealt with in the Crown Court.
If you are found guilty, the Court can impose a maximum sentence of 10 years imprisonment.
Section 2 of the Act is Violent disorder. This is the same as a riot but the law requires that 3 or more people need to be involved who are using or threatening violence. This means that the offence is much more regular. A common example would be at football matches where opposing supporters become involved in an altercation..
Violent disorder can be tried in the Magistrates Court, however, it is generally sent to the Crown Court. The maximum sentence in the Crown Court is 5 years custody.
Section 3 of the Act covers Affray, which involves 2 or more people and their use or threat of violence, causing fear to a member of the public. This offence can often be quite complex as the member of the public doesn’t have to actually be there – the court may refer to a hypothetical person to help pass their judgment on whether an offence has been committed. Affray can be tried in either the Magistrates Court or the Crown Court and carries a maximum of 3 years imprisonment.
Affray offences can occur where 2 people are having an argument or threatening to fight with each other. Affray can be heard in the Magistrates Court or the Crown Court and carries a maximum of 3 years imprisonment.
Section 4 of the Public Order Act applies where there is a fear or provocation of violence. The offence involves the use of threatening, abusive or insulting words and behaviour. For instance, if another person was caused to fear violence or was provoked to use it. It is a summary-only offence, which means it is dealt with in the Magistrates Court. The maximum sentence is 6 months, except in the instance of a racially aggravated public order offence, then the case can be sent to the Crown Court, where the maximum sentence is 2 years imprisonment.
Section 4A of the Public Order Act involves the intentional causing of harassment, alarm or distress. This means that the offender must intend to cause harassment, alarm or distress to another person and must act in a way that is abusive, threatening or insulting. It can be committed using words or behaviour. An example of this is shouting abuse towards another person intending that they feel insulted.
This offence is dealt with in the Magistrates Court, with a maximum of 6 months’ custody and, as with Section 4 offences, if the offence is racially aggravated, the Crown Court can impose a 2 year sentence.
Section 5 of the Public Order Act covers the use of words, behaviours and gestures of signs where the defendant is aware that someone may be within hearing distance. This offence is very different from Section 4 and 4A because the intention to cause harassment, alarm or distress does not need ot be present. Though a defence may apply if the behaviour was reasonable in the circumstances.
Public order offences, like swearing, is very common, but can only be dealt with in the Magistrates Court and the maximum sentence is a fine.
What is a racially aggravated offence?
An offence is classified as racially aggravated if:
- At the time of committing the offence, or immediately before or after doing so, the offender demonstrates hostility towards the victim based on their membership or presumed membership of a racial or religious group.
- The offence is motivated wholly or partly by hostility towards members of a racial or religious group based on their membership of that group.
This means that if the defendant makes a racial remark or reference to a person’s religion, then the offence is racially aggravated. These offences are treated more seriously by the Courts.
The law on public order offences can seem quite confusing. At Churchers, our criminal defence team has a wealth of experience in providing legal advice and representation for these types of offences. Accused of an offence? Contact us immediately for expert advice and support from the earliest stage.
