Criminal Law

Public Order Defence Solicitors

Public order offences are prosecuted under the Public Order Act 1986, covering threatening, abusive or insulting behaviour causing harassment, alarm or distress. ASA Solicitors provides specialist defence.

The offences

The Public Order Act 1986 covers a range of offences. Section 5 covers disorderly behaviour or threatening, abusive or insulting words likely to cause harassment, alarm or distress (summary-only). Section 4 covers threatening behaviour, and section 4A covers intentional harassment, alarm or distress. The more serious offences are triable either-way.

Defences

Sentencing

Section 5 is summary-only and usually dealt with by a fine. Sections 4 and 4A are triable either-way and carry imprisonment. The guidelines consider the impact on others and whether the behaviour was part of a group.

Frequently asked questions

A conviction or fixed penalty for section 5 is recorded. It is the least serious public order offence and is usually dealt with by a fine.

Section 4 covers threatening behaviour; section 4A requires an intent to cause harassment, alarm or distress, and carries a higher maximum.

Lawful protest is protected, and freedom of expression is a relevant consideration. Where conduct crosses into threatening or abusive behaviour, charges may still follow.

Second opinion

Not happy with your solicitor? Get a second opinion.

You have the right to change your solicitor at any stage of a criminal case. If you are unsure about the advice you have been given, or want a fresh perspective on a serious matter, our specialist criminal defence team offers an independent second opinion without charge.

Ask us about a public order allegation

Tell us about your situation and a specialist will be in touch. For urgent matters, call us 24/7.

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