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Public order offences can have serious consequences, including a criminal conviction and ancillary orders that can significantly impact an individual’s career and personal life, and future. These consequences may include regulatory checks, employment opportunities, career progression, travel, and legal proceedings.
The parliamentary intention and common purposes behind establishing the Public Order Act 1986 was to address behaviour that disrupts the safety, peace and order of the public.
At Lex Vindico Group, our public order offences solicitors provide expert advice and a robust defence to those accused, protecting their rights, reputation, and future.
We have had great success in defending against such criminal offences, by serving pre charge representations to the Crown Prosecution Service early on. Such proactive representation often avoid criminal charges, so that our client's do not have to suffer the anxiety of facing trial at Court, or the risk of imprisonment following a criminal conviction. Our lawyers have also had immense success in defending such cases at Court.
Under the Public Order Act 1986, public order offences cover a wide range of behaviour deemed disruptive, threatening, or dangerous. These offences can occur at protests, public gatherings, or personal disputes that turn into confrontations. In public order offences, the Crown Prosecution Service will make an assessment as to whether the offending behaviour would cause alarm or distress, to an average person of reasonable firmness present, at the scene.
Typical examples of actions that our public order offences solicitors regularly defend, in the pre-charge phase, and at Court, are:
If these offences are racially aggravated, or directed towards sexuality or discrimination of any sort, the sentencing council enforces a greater penalty than a few months imprisonment. Convictions can also be paired with civil orders, injunctions and banning orders designed to prevent such offending behaviour in the future, and to keep the public safe. These can often be restrictive in the future, preventing job opportunities and travel, which is why our public order offence experts offer proactive representation which ultimately addresses concerns of reoffending, head on.
Cases often turn on the intent or perception of the actions involved, so expert legal representation is key to a fair and just outcome. This is particularly important for those clients who take comfort in knowing they have done all they possibly could in law, to proactively protect themselves (leaving no-door unopened approach). Our expert legal advice can prevent your case from progressing to court with charges.
Whether you are under investigation for violent disorder, affray, intentional harassment, stalking, or any form of threatening behaviour recorded under the Public Order Offences act, we can better your position. Whether the allegation is said to have occurred against a member of the public, or emergency workers; our expert lawyers can offer proactive, results-driven representation. Often times, such allegations are made in a domestic context.
When instructed on public order cases, our public order offence solicitors can influence the decision-making process of the Crown Prosecution Service (CPS), in a bid to prevent criminal charges being filed. We take a strategic, client-centred approach, by initiating early communications with the police and CPS, on your behalf. This helps us understand the scope of the allegations and begin our evidence gathering process before formally commencing negotiations with the police/CPS. There are always two sides to a story. Our lawyer's advocate your story to ensure your voice is heard, early on. This saves you from being charged on the premise of a falsely created narrative by the prosecutions witnesses.
Unless we are able to have the matter dropped at the police station, our public order case lawyers would work closely with you to compile a set of persuasive representations, drafted in accordance to the Full Code Test, which is the very test that the CPS must apply, when deciding upon charges. We are known for our proactive representations because our pre charge representations are:-
The representations are served for the sole purpose to avoiding criminal charges. We do not leave anything to chance, we work with you in crafting arguments tailored to your case as to why the evidence and public interest elements are not met to the relevant standard. Therefore, only no further action would be appropriate. In cases where the evidence in stronger, but we prove a lack of public interest, then the CPS has a range of 'out of court' disposals that we can negotiate towards. These are some of the reasons why our clients consider Lex Vindico Group as the leading provider of proactive representation and early legal intervention.
Public order charges are complex and require experienced legal professionals who know the ins and outs of these offences. Lex Vindico Group lawyers, with their proven track record of defending individuals accused of public order offences, is the confident choice for your defence. Remember, if you have been charged with an offence after the police station stage, and are required to attend the Magistrates' Court or the Crown Court to answer charges, our objective is not only be to prepare your defence for trial, but also to have your case dismissed a lot sooner with written representations. This is a nuanced task that requires lawyers that understand defence and prosecution, and if effective, would save you the time, effort, stress and funding of a criminal trial at Court. Most importantly, if would save your freedom, without risking your future.
We are dedicated to protecting your rights, minimising or dismissing the charge, and securing the best possible outcome, whether it’s in Magistrates or Crown Courts. Even if you must stand trial, (as an absolute last resort) after Lex Vindico Group's experts have exhausted all efforts, then we bring in specialist and leading barristers to represent you at Trial. This ensures that you benefit from excellent advocacy at Court, increasing your chance of success.
Our lawyers at Lex Vindico Group meticulously analyse each case and leverage their expertise in criminal law to craft bespoke strategies. Lex Vindico Group also offers criminal defence services to those who wish to plead guilty, and can compile a sentencing bundle for the Court to benefit from.
However, before pleading guilty at Court, it may be worth having a confidential chat with one of our solicitors to ensure that the CPS case is completely made out in law. There is a certain standard that the CPS are required to meet when prosecuting matters. Seek advice now, as it could be the difference between six months imprisonment, and a 'notice of discontinued prosecution', leading to no further action and avoiding a criminal conviction.
Our lawyers have represented many individuals in cases where the CPS have failed to prove their case, to the required standard. For example, in the case of stalking, the technical legal elements required are harassment; alarm or distress, which must be a course of conduct, which is a 'pattern of behaviour'. Therefore, threatening abusive or insulting words or behaviour on one occasion is technically insufficient in law, to prove the criminal offence. Our proactive lawyers would be able to advise you on the compelling evidence, or lack thereof.
Understanding your case is the first real step in building a defence. During consultations, our solicitors will listen attentively and review evidence to identify weaknesses in the prosecution’s case and explore defence options.
This helps clients understand their position and the potential outcomes they may face. As our lawyers have privately prosecuted cases, we bring a unique perspective that can resolve your matter, without court intervention. Regardless of whether you have uttered abusive words, engaged in insulting behaviour or caused intentional harassment alarm or distress; any offence covered under the Public Order Act 1986.
Being interviewed at the police station can be a harrowing and lonely experience without legal representation, and even with the wrong legal representation. Our proactive solicitors provide guidance on how to handle interviews and respond to allegations. We ensure procedural fairness and challenge improper practices to prevent self-incrimination and strengthen the defence. Any account given to the police will become the foundation of your defence, which is why it is crucial to seek advice from proactive lawyers (not traditional duty lawyers appointed by the police, or legal aid lawyers who would advise you to be reactive, i.e. waiting to see whether the matter gets to court). Our representation is proactive and frontloaded, and can only assist your position (it cannot harm you in any way). Waiting for 'criminal charges' or to see if your matter gets to court, is typically not the answer.
It is important for you to know that the police officers are not your friend, they are public servants designated to investigate matters and interrogate your life. Our role is to defend and protect you, and would offer you proactive defence through pre-charge representations. This would maximise your chances at avoiding criminal charges. In contrast, the police officers are commended and awarded for 'successful prosecutions' which we frequently read about in national newspapers. Lex Vindico Group's defence lawyers and the police do not share a common purpose, we are not on any 'duty lawyer' scheme where we depend on the police, or work with the police, to give us clients, as legal aid lawyers may do; we defend you whilst their intention is to prosecute you. We often take over from clients having been originally represented by duty lawyers or legal aid lawyers. Client's often comment that freedom is not for free, and it is ironic how a government can pay miniscule amounts for your 'legal aid' means tested, whilst the same government openly admits it's goal to increase charges and conviction rates, for national statistics. Lex Vindico Group operates impartially and works to defend your interests and safeguard your future.
Whether your case is heard in a Magistrates' Court or goes to the Crown Court, our specialist solicitors and leading barristers will represent you at every stage. Preparation involves gathering evidence, questioning witnesses, and presenting arguments to challenge the prosecution’s case, as at the court stage, they need to prove each allegation, beyond any reason doubt, or more recently described as having to prove each allegation 'until they are sure of guilt'. We have experience of the process and offer a professional and proactive approach.
Even if our expert legal team are preparing you for trial, they will strategically look for ways, as the case progresses, to challenge the validity of each allegation/charge. Therefore, with Lex Vindico Group, your case could be dismissed before trial.
If you think your conviction was unfair, or your sentence was manifestly excessive (the maximum sentence), our public order case solicitors can help you through the appeals process and obtain an advice for appeal against conviction and sentence, where necessary, from specialist appeal barristers. We identify errors in the original trial or present new evidence to overturn convictions or reduce penalties within the Court of Appeal.
Sentences from public order offences can range from a fine, community orders, to imprisonment especially where an offence occurs which is racially aggravated. More recently, the Courts have been strict when sentencing intentional harassment alarm or distress, stalking and violent public order cases, in a bid to reduce such violence and prohibit future offending behaviour. Lex Vindico Group can provide you proactive legal representation at any stage, traditional firms simply cannot offer, due to a lack of resources, funding and time.
When a group of twelve or more individuals, present together, use or threaten unlawful violence for a common purpose, and that behaviour causes a person nearby to fear for his or her personal safety, then an offence of a Riot can be made out. The maximum sentence for Rioting is 10 years imprisonment and can only be heard in the Crown Court.
Violent disorder is essentially the same offence as Riot, but occurs when three or more individuals use or threaten unlawful violence causing alarm, or distress to those nearby. Charges often arise from group confrontations, using weapons in brawls, protests or family feuds. Convictions can result in significant custodial sentences, so expert legal defence is key early on. The CPS must prove that the accused was one of the three individuals involved, not necessarily prosecute every single one.
Affray is similarly worded in law, to Violent Disorders and Riot, but requires a minimum of two individuals. An affray occurs when the alleged offender threatens, or uses unlawful violence towards another person, and that conduct causes a reasonable person to suffer by fearing for their personal safety, at the time (if such a person were present at the scene by applying the hypothetical bystander test). Affrays can occur in a public place or in a private setting. Our expert lawyers have had much success in defending Affray cases, early on, through pre charge representation. There are specific case precedents that allows us to challenge such public order offences, and their genetic legal-make-up, to persuade against a prosecution.
This offence includes using threatening language, intimidating gestures or behaviour perceived as aggressive to a person of reasonable firmness, causing them alarm or distress.
Intentional harassment under specific sections of the Public Order Act can result in legal implications such as custodial sentences and fines for causing harassment, alarm or distress through abusive or threatening behaviour. Context and intent are critical in determining the charge and the severity of the punishment, with more severe penalties for intent to cause distress, often attracting maximum penalty.
Shouting, gestures, or language that unsettles others can cause a person harassment, alarm, or distress. These can be words, behaviour, or written signs. Other visible representations which can be visible material that causes offence, or distress falls within the scope of the definition. Often times, a person alleged to have caused harassment is given around seven days to remove any offensive material, before it is formally reported and recorded as an offence.
Aggravated forms, such as those motivated by racial, sexual or religious hostility, carry more severe penalties, with the maximum sentence including significant custodial time and fines.
Intent and disproving the allegations are key to a defence. An individual can even allege that you caused harassment on one occasion, by calling their phone without allowing your phone number through and without speaking, invoking fear, at unsociable hours. At Lex Vindico Group, we understand that there are always two sides, to the story. Proactive lawyers are essential to engage with the CPS as these offences recorded as convictions, can restrict your future significantly.
Being drunk and disorderly is public intoxication and disorderly behaviour. Typical scenarios include events or public spaces, such as football matches. We address the allegations fairly and proportionately and engage with the CPS to understand the specifics of the evidence against you. The CPS would have to prove that you were drunk, in a public place, and engaged in disorderly behaviour, being guilty of the public order act offence. This is a summary offence that is tried in the Magistrates' Court but a conviction can impact your credibility later on in life.
There are ongoing campaigns to prevent drunk and disorderly cases, such as the 'mad Friday', which was the Friday before Christmas. The government understand that alcohol can often cause one to commit offences, especially during celebratory and festive periods, and so they asked for more patrol officers during the Christmas Crackdown on Alcohol Campaign. This is also to reduce drink driving offences, and to keep the public and road users safe. In comparison, last year, hundreds of drivers were charged nationally with drink driving offences, through the Christmas period.
If you are being investigated for stalking, you ought to know that stalking is a particular form of 'harassment' in law. It is defined as a course of conduct, which is obsessive or unwanted and causes harassment (alarm or distress). It often includes impeding on an individuals safety, or privacy.
Our expert lawyers have recently had success in defending a stalking case (following the up-rise in stalking prosecutions) on a technical basis, confirming that the case was not made out in law, given that a) it was not a course of conduct as it could be categorised as one individual action on a particular date, and b) if it were to be considered a course of action, it would not have caused alarm or distress, given that the questionable behaviour was for a legitimate purpose and therefore reasonable conduct. Our technical submissions were successful at Court.
This offence was designed by parliament to protect emergency workers, such as firefighters, ambulance staff, paramedics, doctors, nurses and police officers from conducting their duties without public interference (Emergency Workers Obstructions Act 2006). These offences can carry 12 months imprisonment, per allegation.
A widely reported and prosecuted offence is Common Assault or Battery against an Emergency Worker, being a police officer. If you are facing charges for hindering emergency services as such, this offence carries a maximum of 24 months imprisonment. Our expert lawyers have successfully defended clients in the pre charge phase, and at Court during trials. The key is meticulous preparation and specialist advice, and most important of all, proactive legal representation.
Lex Vindico Group also offers bespoke and expert legal advice for other related and sensitive public induced offences such as Voyeurism, Upskirting, Criminal Damage and Revenge Porn. We often see Public Order Act offences investigated with acts of violence contained in Offences Against the Person Act 1861. A person seeking discreet legal support for such sensitive offences should contact us for a confidential chat. We provide proactive solutions so that your criminal record/DBS is unaffected.
Arguing that the offending in question was reasonable conduct can prove to be a robust defence, if complete context is introduced to the prosecution. If our lawyers can demonstrate that your behaviour was lawful, proportionate and necessary, aligning with reasonable standards, then we can prevent the criminal charges and prosecution, altogether. We understand there are two sides to a coin.
At Lex Vindico Group, we listen attentively because your defence is formed from your version of events. Often, things are reasonable in our minds, but it is for our experts to be able to communicate that 'standard of reasonable-ness' to the CPS or Court, on your behalf. We have proven, strategic techniques that you can benefit from bringing years of experience to the table.
Actions taken to protect oneself or others may be justified under the legal realm of self-defence. In these cases, the key is to prove that reasonable force was used in necessity and response to an immediate threat that you perceived at the time. This is a common defence that is adopted by many client's who have been accused of threatening or using unlawful violence.
Remember, unlawful violence is only 'unlawful' unless is can be justified by necessity of self defence. So for example, if you were defending yourself against an aggressive and overzealous police officer who tried to detain you, and are now being investigated or charged with, Assaulting an Emergency worker, namely a police officer; your actions may have been justified by 'self defence'. Call us for a confidential chat if you require proactive representation.
Proving an absence of intent to cause, or believe that, immediate unlawful violence will occur can result in charges being reduced or dropped. Lex Vindico Group’s solicitors challenge the prosecution’s narrative by presenting evidence that disputes intent and straightens out the twisted narrative 'aimed' to achieve a criminal conviction.
Mistakes made by the police during the investigation or arrest can weaken the prosecution’s case. An arrest is only lawful under S24 PACE if it is necessary and proportionate. These procedural errors and more, such as failure to caution properly or mishandling of evidence, can result in prevented charges or a dismissal of the entire case.
Situations of mistaken identity or deliberate false accusations require thoroughly examining the evidence. Witness testimony, video footage and alibi evidence are key to disproving these claims. Our representations puts pressure on the CPS as we require accountability and hold the CPS to strict proof. If a person makes a false allegation, with bad intent, and ruins our client's good name and reputation; then we believe that justice should be served both ways. With our client's blessing, we would suggest that the person who made the allegations, be investigated and prosecuted for Perverting the Course of Public Justice, which in itself is an imprisonable offence.
Penalties for public order offences vary depending on the conduct, intent and harm caused. Behaviour that threatens unlawful violence involving multiple people with violent intent is classified as riots or violent disorder and carries significant legal implications and potential sentences.
Convictions can result in fines, community orders or custodial sentences of several months to several years. Aggravating factors such as repeat offences or vulnerable victims can increase the sentence. A thorough understanding of your life, and your circumstances would help us identify any mitigating factors, if we were to find ourselves representing you at any sentence hearing. We leave no stone unturned in our mitigation submissions to reduce the chances of you going to prison. We stand with you.
A conviction will result in a criminal record, which can impact future employment, travel, and personal reputation. In violent situations, the behaviour of the individuals involved must be such that an average person present would fear for their personal safety, highlighting the subjective nature of perceived threats. Mitigating these long-term consequences requires skilled legal representation to achieve the best possible outcome.
Facing a public order charge can be overwhelming, and understanding the legal fees and funding options is key. At Lex Vindico Group, we offer a range of funding options, among different levels of service, so that you can have the best possible legal representation suiting your needs.
We offer competitive private funding rates. Our operations manager will work with you to create a bespoke funding plan to suit your needs. In most cases, we are able to offer a fixed fee for a specific service, such as pre charge representations, post charge representations, representation at Magistrates' Court or Crown Court.
At Lex Vindico Group, we are committed to providing you with the best possible legal representation. We understand that facing a public order allegation can be overwhelming, and we want to keep you informed of the costs and funding options. With us, you can be sure your case is in the best hands, and we will do our best for you. We have exclusive access to many specialist barristers, known for their widely reported successes in defending and prosecution landmark cases.
Our lawyers have years of experience in public order cases, giving them the knowledge to handle these complex cases. Our familiarity with the Public Order Act 1986 and related legislation means we can fully support you, and assess technical defences, as our lawyers have experience in defending and prosecuting similar matters.
Every case differs, and our lawyers provide bespoke advice and defence plans. By focusing on client needs, we get the best results possible, through providing you with the best legal team possible.
Successful outcomes and client feedback prove our commitment to excellence. By prioritising client satisfaction, we have built a reputation as a trusted law firm with a reach to exclusive private-only barristers.
Public order charges require fast legal advice. Contact Lex Vindico Group today for a free consultation. Early legal intervention with our experienced solicitors can make all the difference to your case, and to your life.
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