Facing allegations of a public order offence can be overwhelming and frightening. If you've been accused of disorderly behaviour, affray, riot, or any offence under the Public Order Act 1986, you're likely concerned about what happens next and how this might affect your future. At Astons Law, we understand these concerns and are here to guide you through the legal process with expert support and representation.

What Are Public Order Offences in UK Law?

Public order offences cover a range of behaviours that cause or might cause harm, alarm, harassment or distress to others in public spaces. The Public Order Act 1986 provides the legal framework for these offences, which can range from relatively minor incidents to serious cases involving extreme violence.

Common Types of Public Order Offences

• Section 1: Riot - Where 12 or more persons use or threaten unlawful violence for a common purpose, causing a reasonable person to fear for their safety. This serious offence is tried in the Crown Court.
• Section 2: Violent Disorder - When three or more persons use or threaten unlawful violence, causing fear for personal safety.
• Section 3: Affray - When a person uses or threatens unlawful violence towards another, causing someone to fear for their safety.
• Section 4: Fear or Provocation of Violence - Using threatening, abusive or insulting words or behaviour intended to cause fear of violence.
• Section 5: Harassment, Alarm or Distress - Using threatening, abusive or insulting words or behaviour likely to cause harassment, alarm or distress.

Each of these offences has specific elements that the prosecution must prove. For instance, in cases of affray, the prosecution must establish that your behaviour was threatening and would cause a reasonable person to fear for their safety.

Legal Consequences and Penalties for Public Order Offences

The sentencing guidelines for public order offences vary significantly depending on the specific offence and its severity:

• Riot - Imprisonment for up to 10 years, reflecting the seriousness with which the law views collective threats of physical violence.
• Violent Disorder - Imprisonment for up to 5 years if tried in the Crown Court, or 6 months if tried in the Magistrates Courts.
• Affray - Imprisonment for up to 3 years if tried in the Crown Court, or 6 months if tried in the Magistrates Courts.
• Section 4 Offences - Imprisonment for up to 6 months and/or a fine.
• Section 5 Offences - A fine, typically dealt with in the Magistrates Courts.

The court will consider factors such as the level of violence used, whether weapons were involved, and your previous criminal record. Having a skilled criminal defence solicitor from Astons Law can make a significant difference in how your case is presented and the resulting penalties.

The Legal Process for Public Order Cases

If you're arrested for a public order offence, understanding the process ahead is crucial:

1. Initial Investigation - Following an incident, police officers will gather evidence, including witness statements, CCTV footage, and potentially your own account given in an interview at the police station.
2. Police Interview - You'll be interviewed under caution. Having legal representation at this stage is vital as what you say can significantly impact your case. Astons Law can provide emergency representation at the police station.
3. Charging Decision - Based on the evidence, the police or Crown Prosecution Service will decide whether to charge you with an offence under this section of the law.
4. Court Proceedings - Depending on the seriousness, your case will be heard either in the Magistrates Courts or the Crown Court. More serious public order offences like riot are always tried in the Crown Court.
5. Trial - If you plead not guilty, your case will proceed to trial where the prosecution must prove beyond reasonable doubt that you committed the offence.
6. Sentencing - If found guilty, the court will determine appropriate sentencing based on the guidelines, the specifics of your case, and any mitigating factors.

Throughout this process, having expert legal guidance is essential. A person is guilty of an offence only when all elements have been proven, and at Astons Law, we scrutinise every aspect of the prosecution's case against you.

Legal Defences for Public Order Offences

There are several potential defences available for public order offences, which a skilled criminal defence solicitor from Astons Law can help you explore:

• Self-defence - If your actions were reasonable and necessary to protect yourself or others.
• Lack of intent - For some offences, the prosecution must prove you intended to cause fear or distress.
• No reasonable fear - Arguing that your behaviour would not have caused a reasonable person to fear for their safety.
• Location - Some offences require the incident to have occurred in a public place or where the public might be affected.
• Free speech protection - In some cases involving words rather than behaviour, there may be freedom of expression defences.
• Mistaken identity - Particularly in cases involving large groups, you may have been wrongly identified.

The revised legislation carried out in recent years has clarified some aspects of these defences, but navigating them effectively requires expert legal knowledge. At Astons Law, we've successfully defended numerous clients against public order charges by identifying and effectively presenting appropriate defences.

How Astons Law Can Help With Your Public Order Case

If you're facing charges related to threatening, abusive or insulting words or behaviour, or any public order offence, Astons Law provides:

• Immediate legal advice - Available 24/7, even for emergency police station representation
• Expert case analysis - Identifying weaknesses in the prosecution's case
• Strategic defence planning - Developing the most effective approach for your specific circumstances
• Representation at court - Skilled advocacy at both Magistrates Courts and Crown Court
• Negotiation with prosecutors - Potentially reducing charges where appropriate
• Mitigation - If necessary, presenting compelling arguments to minimise penalties

Our team specialises in criminal defence for public order cases, with particular expertise in cases involving allegations of physical violence or threats of violence. We understand that anyone can find themselves accused of a public order offence, often due to misunderstandings, escalated disputes, or being in the wrong place at the wrong time.