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Public order offences.

Riot, violent disorder, affray and the Public Order Act 1986 offences under sections 4, 4A and 5, plus racially aggravated public order, stirring up racial hatred, public nuisance and trespass.

14 offences · points to prove, mode of trial and maximum sentence

Quick reference

OffenceLegislationMode of trialMaximum penalty
AffrayPublic Order Act 1986, s.3Either way3 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Aggravated trespassCriminal Justice and Public Order Act 1994, s.68Summary only3 months' imprisonment and/or a fine not exceeding level 4 (£2,500)
Breach of the peaceCommon lawNot a criminal offence (bind-over proceedings by complaint in the magistrates' court)No penalty, as it is not a criminal offence. The court may bind the person over to keep the peace; refusing to be bound over can lead to committal to custody for up to 6 months (Magistrates' Courts Act 1980, s.115(3))
Drunk and disorderly in a public placeCriminal Justice Act 1967, s.91Summary onlyLevel 3 fine (up to £1,000)
Drunk and incapable in a public placeLicensing Act 1872, s.12Summary onlyLevel 1 fine (up to £200)
Fear or provocation of violence (s.4)Public Order Act 1986, s.4Summary only6 months' imprisonment and/or an unlimited fine
Harassment, alarm or distress (s.5)Public Order Act 1986, s.5Summary onlyLevel 3 fine
Intentional harassment, alarm or distress (s.4A)Public Order Act 1986, s.4ASummary only6 months' imprisonment and/or an unlimited fine
Intentionally or recklessly causing public nuisancePolice, Crime, Sentencing and Courts Act 2022, s.78Either way10 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Racially or religiously aggravated public order offencesCrime and Disorder Act 1998, s.31Either way (s.4 and s.4A versions); summary only (s.5 version)2 years' imprisonment on indictment, or 12 months' imprisonment and/or a fine summarily (s.4 and s.4A versions); level 4 fine, up to £2,500 (s.5 version)
RiotPublic Order Act 1986, s.1Indictable only10 years' imprisonment and/or a fine
Using words or behaviour to stir up racial hatredPublic Order Act 1986, s.18Either way7 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Violent disorderPublic Order Act 1986, s.2Either way5 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Wilful obstruction of the highwayHighways Act 1980, s.137Summary only6 months' imprisonment and/or an unlimited fine

Tap an offence for the numbered points to prove, key definitions, defences and case law.

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