Our Derbyshire public order offence solicitors are available if you need support.
Public Order offences are categorised by legislation into several tiers;
Riot
Affray
Using Threatening, Abusive, or Insulting Words or Behaviour that causes fear of or provokes violence
Using Threatening, Abusive, or Insulting Words or Behaviour, or Disorderly Behaviour intended to and causing harassment, alarm, or distress
Using Threatening, Abusive Words or Behaviour, or Disorderly Behaviour likely to cause harassment, alarm, or distress
Drunk and Disorderly Behaviour
Bind Over Order to Keep the Peace
This legislation is broad and can often be misused. Public Order offences are typically prosecuted without a specific victim, heavily relying on police evidence. This can create an unfair situation for unrepresented defendants.
In some cases, it may be used to sidestep complaints about police conduct during an incident when no other wrongdoing is evident.
It is not uncommon for individuals to be charged with affray even when their potentially violent actions are directed only at themselves, such as in instances of self-harm threats.
Protesters may also find themselves accused under this legislation, particularly under Section 5, which does not require proof of intent or that any person was actually caused harassment, alarm, or distress. It only requires that the act occurred within the sight or hearing of someone likely to be affected.
Another frequent scenario involves alleged "road rage" incidents.
Most of these offences are treated seriously by the courts, with possible imprisonment as a consequence. Charges classified as affray or above can frequently be escalated to the Crown Court.
If you live in Derby, or Derbyshire, and require a firm of solicitors to assist with a public order offence please contact our team on 01332 370473.
The Johnson Partnership
You may have been charged with a criminal offence. We can and will help.
From misdemeanors to more serious matters you'll find a voice at the end of the phone (24 hours a day, 7 days a week) who can provide the in depth knowledge you'll need.
Covering Chesterfield, Derby and Derbyshire.