These are offences committed in public and are encapsulated within the Public Order Act 1986. This can include being drunk and disorderly but also demonstrating behaviour in a public place which causes other people harassment, alarm or distress. These offences are commonly linked with the commission of other offences including assault or weapon offences.
You do not need to be part of a group to commit such offences. In certain instances, you need not even be outside, a communal area of a block of flats for example can constitute a public place.
A number of elements must be proven in Court in order to secure a conviction. These include the fact that the behaviour/actions demonstrated were threatening and/or violent as well as the fact that such actions would cause a person of reasonable firmness to fear for their safety or with the intention of causing another harassment, alarm or distress.
Self-defence is a full defence for public order offences as they would be for an assault. If it cannot be proven by the prosecution beyond reasonable doubt that the accused was not entitled to use or threaten violence in defence of himself, another or of property, a charge under a Public Order Offences fails. Our solicitors have previously represented clients who had used this defence and were successfully acquitted.
