Introduction
The majority of public order offences are contained within and governed by the Public Order Act 1986. Prior to this, most public order offences existed either at common law or within the 1936 Act of the same name. These included: riot, rout, unlawful assembly, affray, conduct conducive to breach of the peace etc.
Following a spate of riots, strikes, and sports-related disorder during the early 80s, the government of the day decided that it was time to introduce public order legislation. It was further deemed necessary for the common law offences to be codified and made simpler by setting them out in statute. As such, a new Public Order Bill was introduced in the Commons, which then became the Public Order Act 1986
The Public Order Act 1986 - Offences
The Act contains a wide range of offences which can be committed either individually or as a part of a group. The most common offences which are often charged are:
Riot – where 12 of more persons use or threaten violence together for a common purpose
Violent Disorder – where three or more persons use of threaten violence together
Affray – where one or more persons uses or threatens violence
Section 4 – causing fear or provoking violence in public
Section 4A – causing alarm, harassment or distress through threatening or abusive conduct with intent so to do, in public
Section 5 – causing alarm, harassment or distress through threatening or abusive conduct, regardless of intent, in public
As the above offences are, broadly speaking, listed in the Act in order of decreasing severity, the maximum sentences (and procedure for trial) also change accordingly:
Riot – 10 years’ imprisonment or a fine or both
Can only be tried in the Crown Court
Violent Disorder – Five years’ imprisonment or a fine or both
Can be tried either in the Crown Court or the magistrates’ court
Affray – Three years’ imprisonment or a fine or both
Can be tried either in the Crown Court or the magistrates’ court
Section 4 – Six months’ imprisonment or a fine or both
Can only be tried in the magistrates’ court
Section 4A – Six months’ imprisonment or a fine or both
Can only be tried in the magistrates’ court
Section 5 – Maximum fine not exceeding £1,000.00
Can only be tried in the magistrates’ court
The Public Order Act 1986 - Additional Provisions
There are also a number obligations (for the public) and powers (for the police and authorities) that are created by the Act relating to public assemblies and processions (e.g. protests or marches). These include:
Obligation to provide advance notice of public processions
Power to impose conditions on public processions
Power to prohibit public processions
Power to impose conditions on public assemblies
Aggravated Offences
The law also provides for certain aggravated public offences. Under the Crime and Disorder Act 1988, where a person commits an offence under sections 4, 4A or 5, and that offence is “aggravated” for the purposes of the Act, the defendant will be liable to serve up to two years’ imprisonment (rather than six months) or to pay a fine or both. As such, if a person is charged with the aggravated form the offence, the case can be heard either in the magistrates’ court or the Crown Court (i.e. tried by a jury and judge).
Aggravated – Where the offence is committed and the Prosecution is also able to prove hostility on the part of the defendant which is based on race or religion.
Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.