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Public Order Offences
Public order offences encompass a spectrum of behaviours, ranging from minor offences like abusive behaviour to more serious offences like affray.
These offences typically involve the use of, or threat of, violence or harassment directed towards others in a public setting. Public Order offences are governed by the Public Order Act 1986.
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The act covers:
s.1 Riot is established where a person uses unlawful violence whilst they were one of twelve or more persons present together who used or threatened unlawful violence for a common purpose; and that the conduct of them taken together was such as would cause a person of reasonable firmness to fear for their own personal safety if such person was present.
s.2 Violent disorder is established where three or more persons present together use/threaten unlawful violence and the conduct of them would cause a reasonable person to fear for their safety.
s.3 Affray is established where a person has used unlawful behaviour towards another, and their conduct would cause a reasonable person to fear for their safety. The offence of affray can take place in public or private.
s.4 Fear or provocation of violence is established where threats are made towards another. This offence also includes any display to another of any writing, sign or representation which is threatening or abusive or insulting.
s.4A Intentional harassment, alarm or distress is established where there is intended harassment, alarm or distress to the complainant by way of threatening, abusive or insulting words or behaviour. Also, within this offence, intentional harassment can be caused by any display to another of any writing, sign or representation considered threatening, abusive, or insulting.
s.5 Harassment, alarm or distress is established where a person uses threatening or abusive words or behaviour, or disorderly behaviour, or displays any writing, sign or other visible representation which is threatening or abusive within hearing or sight of a person likely to be caused harassment, alarm or distress thereby. This offence is very different from Sections 4 and 4A because there does not need to be any intention to cause harassment, alarm or distress.
If you have been invited to a voluntary interview or charged with an offence relating to public order offences, please contact Kelly Blake Legal via the contact form below.
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