Public Order Offences
Riot, violent disorder, affray, threatening behaviour, harassment, and protest-related offences under the Public Order Act 1986 and later amendments.
简介
The Public Order Act 1986 (POA 1986) replaced a patchwork of common-law and statutory offences with a structured hierarchy: riot (s.1), violent disorder (s.2), affray (s.3), threatening behaviour intended to provoke violence (s.4), threatening behaviour causing harassment/alarm/distress (s.4A), and behaviour likely to cause harassment/alarm/distress (s.5). Subsequent statutes have extended the framework — the Crime and Disorder Act 1998 added racially and religiously aggravated versions; the Anti-Social Behaviour Act 2003 added related civil tools; and the Public Order Act 2023 created new protest-specific offences (locking on, tunnelling, interference with key national infrastructure). The recent legislation has been heavily criticised by parliamentary committees and civil liberties organisations as restricting peaceful protest. The European Convention on Human Rights (Articles 10 and 11) sits over the whole scheme and informs the legality of restrictions.
In Brief
Public order offences in England and Wales are governed by the Public Order Act 1986, providing a hierarchy from riot (s.1, 12+ persons) down through violent disorder (3+), affray, and threatening behaviour offences (ss.4, 4A, 5). The Public Order Act 2023 added new protest-specific offences (locking on, tunnelling, infrastructure interference). All public-order offences must be applied compatibly with ECHR Articles 10 and 11 — protest enjoys constitutional-level protection.
核心原则
Public Order Act 1986 hierarchy — riot (12 or more), violent disorder (3 or more), affray (using or threatening unlawful violence), s.4 (threatening behaviour with intent), s.4A (with effect), s.5 (behaviour likely to cause).
Aggravated forms — Crime and Disorder Act 1998 ss.28-32 (racially / religiously aggravated).
Public Order Act 2023 — locking on (s.1), tunnelling (s.2), interference with key national infrastructure (s.7), serious disruption prevention orders.
Protest is protected by ECHR Articles 10 (expression) and 11 (assembly) — restrictions must be prescribed by law, in pursuit of a legitimate aim, and proportionate.
Police powers — s.12 (conditions on processions) and s.14 (conditions on assemblies); s.14A (prohibition of trespassory assemblies).
DPP v Ziegler [2021] UKSC 23 — proportionality is required when applying public-order offences to protest.
关键法规
Public Order Act 1986
Crime and Disorder Act 1998
Anti-social Behaviour, Crime and Policing Act 2014
Police, Crime, Sentencing and Courts Act 2022
Public Order Act 2023
重要判例
DPP v Ziegler
[2021] UKSC 23
Reference by the Attorney General for Northern Ireland
[2023] UKSC 14
Hammond v DPP
[2004] EWHC 69 (Admin)
Jones v DPP
[2010] EWHC 523 (Admin)
Percy v DPP
[2001] EWHC 1125 (Admin)
Frequently Asked Questions
What's the difference between s.4 and s.5 of the Public Order Act 1986?
Section 4 requires that the defendant intended (or was aware) that the words/behaviour would cause another to fear immediate unlawful violence, OR with intent to provoke. Section 5 is the lowest-threshold offence: 'threatening or abusive' words/behaviour 'within the hearing or sight of a person likely to be caused harassment, alarm or distress'. The leading case on the s.5 boundary with protest is Hammond v DPP.
Does the Public Order Act 2023 criminalise peaceful protest?
Critics — including the JCHR and Liberty — argue it does in practice. The new offences (locking on, tunnelling, interference with major transport works) carry up to 6 months / 12 months / 12 months custody and apply to recently-common protest tactics. The legislation expressly applies to peaceful protesters, subject to ECHR proportionality challenges. DPP v Ziegler is the leading authority on how Articles 10/11 should be applied.
What are the racially or religiously aggravated forms?
Sections 28-32 of the Crime and Disorder Act 1998 create aggravated versions of public-order offences (and assault/criminal damage). The offence is aggravated if at the time, immediately before, or immediately after, the defendant demonstrated hostility based on race or religion, or was motivated wholly or partly by such hostility. Higher maximum sentences apply.
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