Public Order Offences

Overview + Lacey/Wells quote

Many categories (e.g. public nuisances, hate crimes, protesting) / N Lacey and C Wells: ‘public disorder can extend to cover almost any behaviour which violates criminal law’

Key laws

Policing Act 2021 + Public Order Act 2023

Models for public order offences

Order maintenance model / rights protection model / democratic space model

Affray

Affray = when someone threatens unlawful violence/causes people to fear their safety / also no victim / test based on a ‘person of reasonable firmnes’

Affray - R v B 2000

R v Brodie 2000 / D was part of a group that followed victim along a footpath for nearly a mile, one of the members killed V / court ruled that despite Brodie not assaulting the victim, role in the group created an ‘aura of menace’

Affray - I v DPP 2002

I v DPP 2002 / group of youths gathered in a public place with petrol bombs, never caused harms / Lords held merely carrying petrol bombs not enough to constitute affray

Affray - R v D 1993

R v Dixon 1993 / words alone can be affray, even indirect threats

Affray - R v D 1992

R v Davison 1992 / knife directed at officer, but bystanders still put in fear = public order

Fear of provocation of violence - key law

Public Order Act 1986 - s4 outlines this

Fear of provocation of violence - B v C 1972

Brutus v Cozens 1972 / natural meaning D’s words to be taken, even if V didn’t understand/hear the threat

Fear of provocation of violence - R v M 1986

R v Masterson 1986 / fear of violence requires a human target

Fear of provocation of violence - not actual violence (Ex p S, DPP v R)

Actual violence doesn’t need to occur, just anticipatory fear / ex p Siadatan 1992 - if violence likely to be soon / DPP v Ramos 2000 expanded this - sufficient if violence could be at any time

Harassment, alarm or distress - B v C 1972

Brutus v Cozens 1972 / B disrupted Wimbledon match to protest apartheid / court ruled insulting behaviour must show contempt for others’ rights / conduct wasn’t threatening = not alarm/distrss

Harassment, alarm or distress - must be a victim - H v DPP 2004

Holloway v DPP 2004 / Justice Collins: ‘some person must have actually seen the abusive or insulting words or behaviour’ / but person doesn’t have to actually hear it

Harassment, alarm or distress - Must be real emotional disturbance - R v DPP 2006

R v DPP 2006 / police arrested 12yo boy’s sister - got upset and made gestures / court ruled boy’s actions shouldn’t have caused genuine emotional distress for police

H v DPP 2023 - free speech and harassment

Hicks v DPP 2023 / Hicks confronted NHS professionals while filming them / Court upheld conviction - exceeded bounds of legitimate free speech, clarified how journalism doesn’t exempt harassment charges

H v DPP 2023 - Justice C quote

Hicks v DPP 2023 / Justice Chamberlain: ‘Hicks’ behaviour had crossed the line from legitimate free speech to behaviour that was threatening and abusive’

S v Cmmr of Police 2025

Sleeper v Cmmr of Police 2025 / S arrested after displaying signs critiquing Islam / court upheld arrest - police entitled to act on reasonable grounds to prevent breach of peace