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Failing to comply with a dispersal direction

s.39Anti-social Behaviour, Crime and Policing Act 2014

Failing without reasonable excuse to comply with a police direction under s.35 to leave an area and not return to it for a set period.

Failing to comply with a dispersal direction · Anti-social Behaviour, Crime and Policing Act 2014, s.39Card 181 / 195

Points to prove

An authorisation under s.34 was in force for the locality
A constable in uniform gave the person a direction under s.35 while they were in a public place in that locality
The direction required them to leave the locality (or part of it) and not return for the exclusion period
The person failed to comply with the direction
Without reasonable excuse

Key definitions

Authorisation – s.34: given in writing by an officer of at least the rank of inspector, for a specified locality and a period of up to 48 hours, where it may be necessary to reduce the likelihood of harassment, alarm or distress or of crime or disorder.
Conditions for a direction – s.35(2)–(3): the constable has reasonable grounds to suspect the person’s behaviour has contributed or is likely to contribute to members of the public being harassed, alarmed or distressed, or to crime or disorder, and considers the direction necessary to reduce that likelihood.
Exclusion period – s.35(4): up to 72 hours (raised from 48 hours on 26 October 2026). An inspector must review any direction over 48 hours once 48 hours have passed (s.35(7A)).
Public place – s.35(10): anywhere the public or a section of it has access, on payment or otherwise.
Form – s.35(5)–(6): in writing unless not reasonably practicable, specifying the area. The constable must, where practicable, warn that failing to comply is an offence.

Good to know

No direction may be given to a person who appears to be under 10, or so as to stop someone reaching home, work, school, court or medical treatment. Peaceful pickets and notified processions are excluded (s.36).
A constable can remove a person believed to be under 16 to their home or a place of safety (s.35(7)).
Failing to surrender an item when directed under s.37 is a separate offence (level 2 fine, s.39(3)).
Summary only, so proceedings must normally start within 6 months.

Legislation: Anti-social Behaviour, Crime and Policing Act 2014, s.39 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 3 months' imprisonment or a fine not exceeding level 4 (£2,500)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Failing to comply with a dispersal direction: questions people ask

What are the points to prove for failing to comply with a dispersal direction?

1. An authorisation under s.34 was in force for the locality 2. A constable in uniform gave the person a direction under s.35 while they were in a public place in that locality 3. The direction required them to leave the locality (or part of it) and not return for the exclusion period 4. The person failed to comply with the direction 5. Without reasonable excuse

What is the maximum sentence for failing to comply with a dispersal direction?

3 months' imprisonment or a fine not exceeding level 4 (£2,500)

Is failing to comply with a dispersal direction a summary, either-way or indictable offence?

Failing to comply with a dispersal direction is a summary-only offence: it is tried in the magistrates’ court.

What Act and section is failing to comply with a dispersal direction?

Failing to comply with a dispersal direction is an offence under the Anti-social Behaviour, Crime and Policing Act 2014, s.39.

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