At Garratts Solicitors, we understand that public order offences can range from minor to serious. Whether you are accused of a minor public disturbance or something more serious, we can provide the legal help and advice you need. Speak to a member of our criminal law team on 0161 344 2244 or use our 24-hour emergency line at 07971 163241.
What is a public order offence?
Public order offences in England and Wales refer to acts that public authorities regard as threatening or disturbing to public safety, peace or public health. These include disorderly conduct, threatening public violence, using offensive language or obscene gestures, or participating in a public assembly without permission. Such public disruption can result in criminal charges for those accused of public order offences.
Can I be arrested for a public order offence?
Yes. If public authorities believe that a public order offence has occurred, they may arrest the person responsible and charge them. Upon arrest, it is important to seek legal advice from criminal defence solicitors who can help you understand the charges against you and your legal rights. You can contact our criminal law team at Garratts Solicitors on 0161 344 2244 or use our 24-hour emergency line: 07971 163241
What is understood by “drunk and disorderly”?
Drunk and disorderly behaviour involves being under the influence of alcohol in public or causing a disturbance due to intoxication. The behaviour displayed may include shouting, swearing, fighting with others, urinating in public, throwing objects at people or buildings, or acting aggressively. The police can arrest anyone they believe to be drunk and disorderly.
What are the different types of public order offences and their sentencing?
The Sentencing Council defines public order offences as either of the following:
Riot (Public Order Act 1986, s.1)
Rioting is when 12 or more people are gathered together and threaten or use unlawful violence for a shared purpose against members of the public. The penalty for this offence can be up to a maximum of 10 years in custody. This offence is triable on indictment only, meaning that the offender will have to stand trial at the Crown Court.
Violent Disorder (Public Order Act 1986 s.2)
This is a public order offence that involves the threat or use of unlawful violence by 3 or more people in public. The penalty for this offence can be up to a maximum of 5 years in custody.. This offence is also triable either way, meaning it can be heard in the Magistrates’ or Crown Court.
Affray (Public Order Act 1986, s.3)
Affray involves using unlawful violence or threats to cause fear in a member of the public. The penalty for this offence can be up to a maximum of 3 years in custody. This offence is triable either way, meaning it can be heard in the Magistrates’ or Crown Court.
Threatening behaviour/ Racially or religiously aggravated threatening behaviour – fear or provocation of violence (Crime and Disorder Act 1998, s.31(1)(a), Public Order Act 1986, s.4)
Fear or provocation of violence involves using verbal or written words, signs, or behaviour likely to cause someone to fear unlawful violence.
- The penalty for threatening behaviour can be up to a maximum of 6 months in custody,. It is triable only summarily, meaning it will be heard in the Magistrates’ Court.
- The penalty for racially or religiously aggravated threatening behaviour can be up to a maximum of 2 years in custody. It is triable either way, meaning it can be heard in the Magistrates’ or Crown Court.
Disorderly behaviour with intent to cause harassment, alarm or distress/ Racially or religiously aggravated disorderly behaviour with intent to cause harassment, alarm or distress (Crime and Disorder Act 1998, s.31(1)(b), Public Order Act 1986, s.4A)
Harassment, alarm or distress involves verbal threats, verbal abuse, and public displays of offensive or insulting written material.
- The penalty for disorderly behaviour with intent to cause harassment, alarm or distress can be up to a maximum of 6 months in custody. The offence range spans from a potential discharge to the offender spending 26 weeks in custody. It is triable only summarily, meaning it will be heard in the Magistrates’ Court.
- The penalty for racially or religiously aggravated disorderly behaviour with intent to cause harassment, alarm or distress can be up to a maximum of 2 years in custody. It is triable either way, meaning it can be heard in the Magistrates’ or Crown Court.
Offences relating to stirring up racial or religious hatred and hatred based on sexual orientation (Public Order Act 1986, ss.18-23, Public Order Act 1986, ss.29B-29G)
This public order offence involves the intent to stir up racial or religious hatred and hatred based on sexual orientation. It is an offence for words, behaviour, written material, public performance or distribution of material which is threatening, abusive or insulting and intends to stir up racial or sexual orientation hatred.
The penalty for these public order offences can be up to a maximum of 7 years in custody. It is triable either way, meaning it can be heard in the Magistrates’ or Crown Court.
How long does a public order offence stay on someone’s criminal record?
Public order offences stay on someone’s criminal record for 11 years from the conviction date if the offender is at least 18 years old.
