Public Order Offences Solicitor Birmingham

Public order offences cover a range of conduct from threatening behaviour to riot. They are commonly charged following incidents at sports events, protests, nightlife incidents, and disputes in public places. David Roy defends public order offences across Birmingham and the West Midlands.

Public Order Act 1986 offences

Riot (section 1), violent disorder (section 2), affray (section 3), threatening behaviour (section 4), harassment, alarm or distress (section 5), and racially or religiously aggravated public order offences. Riot and violent disorder are indictable offences tried in the Crown Court. Affray can be tried in either court depending on the circumstances.

Football banning orders

A conviction for certain public order offences can result in a football banning order, which prevents attendance at football matches in England and Wales and requires surrender of the passport during international tournaments. David advises on the risk of ancillary orders at an early stage.

Protest and demonstration cases

Public order charges arising from protests and demonstrations raise particular issues around the right to protest, the conduct of police during arrest, and the lawfulness of conditions imposed on demonstrations.

Common questions

What is affray?

Affray under section 3 of the Public Order Act 1986 involves using or threatening unlawful violence towards another person such that a person of reasonable firmness present at the scene would fear for their personal safety. It carries a maximum of 3 years imprisonment.

What is the difference between violent disorder and riot?

Both require 3 or more persons using or threatening unlawful violence. Riot requires 12 or more persons and a common purpose, and carries a maximum of 10 years.

Can I be convicted if I was present at a riot but did not personally commit violence?

Presence at a riot is not in itself an offence. You must have used or threatened unlawful violence as part of the group.

Is legal aid available for public order offences?

Legal aid is available for public order offences in the magistrates’ court and Crown Court, subject to a means test.

Public Order Offences Solicitor Birmingham

Public Order Act 1986 offences

Football banning orders

Protest and demonstration cases

Common questions

Facing a charge in Birmingham? Call David Roy.