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That the defendant used threatening, abusive, or disorderly behaviour

That the behaviour caused or was likely to cause harassment, alarm, or distress

The required mental element for the specific offence



Relevant Legislation:

  • Public Order Act 1986

  • Police, Crime, Sentencing and Courts Act 2022

Maximum Penalties:

  • Penalties range from fines and community orders to imprisonment, depending on the offence

  • Serious offences involving violence or disorder may carry custodial sentences

Key Legal Definitions:

  • Section 4: fear or provocation of violence

  • Section 4A: intentional harassment, alarm, or distress

  • Section 5: harassment, alarm, or distress

The Law

Public Order Offences

Public order offences involve behaviour that is alleged to cause harassment, alarm, or distress, or to disrupt public peace and safety.
These allegations often arise from protests, nightlife incidents, neighbour disputes, or interactions with police. Early legal advice is important, as charges can escalate quickly and have lasting consequences.

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What the Prosecution Must Prove

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How We Defend These Cases

  • Immediate advice and representation at the police station

  • Careful analysis of body-worn and CCTV footage

  • Challenging the proportionality of police action

  • Strategic defence preparation for Magistrates’ Court

  • Clear guidance and support throughout proceedings

Common Evidence Used in These Cases

  • Police body-worn camera footage

  • Witness statements from officers or members of the public

  • CCTV or mobile phone recordings

  • Incident reports and contemporaneous notes

Common Problems in Prosecution Cases

  • Over-reliance on police testimony

  • Poor-quality or incomplete video evidence

  • Failure to properly consider reasonable behaviour

  • Disclosure failures under CPIA

  • Procedural errors during arrest or charging

Potential Defences

  • Reasonable conduct in the circumstances

  • Lack of intent or awareness

  • Self-defence or lawful protest

  • Unlawful arrest or misuse of police powers

  • Inaccurate or exaggerated accounts

Sentencing and Possible Outcomes

  • Sentences depend on severity and previous convictions

  • Mitigation may include lack of intent, provocation, or early guilty plea

  • Community resolutions or conditional discharges may apply

  • Custodial sentences are rare but possible in serious cases

Why Choose ASL


We are committed to delivering consistently strong results rooted in legal expertise and proven advocacy.

Experience

Our solicitors and advocates have extensive experience in Criminal Defence, Family Law, Road Traffic Offences, Immigration, and Civil Litigation.

Success Rate


We are proud of our strong record in achieving favourable outcomes in complex & high-stakes cases, from serious criminal allegations to sensitive family matters.

Client Care Standards

Your case is handled with dignity, respect, and complete confidentiality. We provide:

  • Clear communication without legal jargon

  • Regular case updates and guidance

  • Support through every stage of the legal process

Fast, confidential support when you need it most.

Get Legal Advice in Minutes

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