Public Order Offences

Section 1 of the Public Order Act 1952 states: 

"Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot. "

Points to Prove

• 12 of more individuals;

• are together for a common purpose

• use or threaten to use violence

• the use of the violence is unlawful

• A person of reasonable firmness present at the scene would fear for their personal safety 

Section 2 of the Public Order Act 1952 states: 

"Where 3 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot. "

Points to Prove

• 3 of more individuals;

• are together for a common purpose

• use or threaten to use violence

• the use of the violence is unlawful

• A person of reasonable firmness present at the scene would fear for their personal safety 

Examples

• Fighting involving the use of weapons, between rival groups in a place to which members of the public have access (for example a town centre or a crowded bar) causing severe disruption and/or fear to members of the public;

• An outbreak of violence which carries with it the potential for significant impact on a moderate scale on non-participants;

• Serious disorder at a public event where missiles are thrown and other violence is used against and directed towards the police and other civil authorities.

(CPS, 2022)

Section 3 of the Public Order Act 1952 states: 

"A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety. "

Points to Prove

• A person uses or threatens to use violence;

• the violence used would be unlawful;

• A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety. 

Examples

• A fight between two or more people in a place where members of the general public are present (for example in a public house, discotheque, restaurant or street) with a level of violence such as would put them in substantial fear (as opposed to passing concern) for their safety (even though the fighting is not directed towards them);

• Indiscriminate throwing of objects directed towards a group of people in circumstances where serious injury is or is likely to be caused;

• The wielding of a weapon of a type or in a manner likely to cause people substantial fear for their safety;

(CPS, 2022)

Section 4 of the Public Order Act 1952 states: 

"A person is guilty of an offence if he—

(a)uses towards another person threatening, abusive or insulting words or behaviour, or

(b)distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting, 

with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked"

Examples

• Threats made towards innocent bystanders or individuals carrying out public service duties;

• The throwing of missiles by a person taking part in a demonstration or other public gathering where no injury is caused;

• Scuffles or incidents of violence or threats of violence committed in the context of a brawl (such as in or in the vicinity of a public house);

• Incidents which do not justify a charge of assault where an individual is picked on by a gang.

(CPS,2022)

Section 4A of the Public Order Act 1952 states: 

"A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—

(a)uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or

(b)displays any writing, sign or other visible representation which is threatening, abusive or insulting,

thereby causing that or another person harassment, alarm or distress."

Points to Prove

• The suspect used threatening, abusive words or behaviour, or displays any writing, sign or other visible representation which is threatening, abusive or insulting

• The suspect intended to cause alarm harassment or distress

• Any person felt alarm harassment or distress

Section 5 of the Public Order Act 1952 states: 

"A person is guilty of an offence if he—

(a)uses threatening or abusive words or behaviour, or disorderly behaviour, or

(b)displays any writing, sign or other visible representation which is threatening or abusive,

within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby."

Points to Prove

• The suspect used threatening, abusive words or behaviour, or displays any writing, sign or other visible representation which is threatening, abusive or insulting

• The act was done within sight or hearing of a person likely to be caused alarm harassment or distress

Section 39 of the Anti-social Behaviour, Crime and Policing Act 2014 states: 

"A person given a direction under section 35 who fails without reasonable excuse to comply with it commits an offence."

Points to Prove

• Suspect was given a direction under Section 35 of the Anti-social Behaviour, Crime and Policing Act 2014

• Suspect failed without reasonable excuse to follow that direction