Public Order
The more commonly charged offences involving ‘Public Disorder’, are contained within the Public Order Act 1986, and include:
- Riot (Section 1)
- Violent Disorder (Section 2)
- Affray (Section 3)
- Threatening Behaviour (Section 4)
- Abusive or Insulting Behaviour (Section 5)
As with offense of violence, an individual may have been a victim of behaviour and only acted in a manner described so as to protect themselves or another, in short therefore, as much as they have acted as described and therefore at first glance, committed an offence, the person in question may have also acted in self-defence and therefore is not guilty of the charge.
It should also be noted that offences that are deemed to be racially aggravated, are sentenced more harshly.
Riot
- Riot is rarely charge, given that it involves very specific elements, including that there must be at least 12 people either threatening, or using violence, and acting with ‘common purpose’, and that behaviour would cause an ‘average’ person to feel afraid.
- Given its seriousness it carries a maximum sentence of 10 years.
Violent Disorder
- Violent Disorder is similar to Riot, however, the requirement is that there be 3 persons engaging in the behaviour described.
- Violent Disorder is deemed a very serious offence, and accordingly carries a maximum sentence of 5 years imprisonment.
Affray
- Affray requires that there be two or more persons that are using threatening behaviour and therefore causing others to fear for their safety
- The maximum sentence for Affray is that of 3 years imprisonment.
Threatening Behaviour
- Threatening Behaviour is just that, and only requires 1 person.
- The maximum sentence is 6 months imprisonment.
Abusive or Insulting Behaviour
- Abusive or Insulting Behaviour again only requires 1 person to be engaged in the behaviour, and can be committed by the use of offensive language.
- The maximum sentence is that of a fine.
Apex lawyers can be contacted 24 hours a day, 7 days a week.
Our practice doesn’t stop, nor does our representation stop, as arrest can happen at any time.
If you, a family member, or a friend thinks that they may need advice
Do not hesitate to call our office on: 0116 299 1999
Or for the 24 hour Police station number: 0794 902 0809
Apex lawyers can be contacted 24 hours a day, 7 days a week.
Our practice doesn’t stop, nor does our representation stop, as arrest can happen at any time.
If you, a family member, or a friend thinks that they may need advice
Do not hesitate to call our office on: 0116 299 1999
Or for the 24 hour Police station number: 0794 902 0809