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AFFRAY • THREATS • DISORDER • CCTV

Public Order Offences Defence

Public-order allegations range from threatening or abusive conduct to affray and violent disorder. Charge selection depends on what was said or done, the level and context of any violence or threat, who was present and how CCTV, body-worn video and witness evidence depict the incident.

KEY ANSWER

The position in brief

The Public Order Act 1986 creates several distinct offences with different elements and seriousness. They include riot, violent disorder, affray and offences involving threatening, abusive or disorderly conduct.

The defence should identify the exact section charged. The required conduct, mental element, need for other participants or hypothetical bystander test varies between offences.

Legal issues

Current CPS Public Order guidance, updated 1 April 2026, stresses charge selection that reflects the seriousness and extent of the offending. Where violence, weapons, criminal damage or burglary are separately made out, additional charges may be appropriate.

Context matters. Public-order law must also be applied consistently with lawful freedom of expression and peaceful protest, while threats or violence can take conduct outside protected activity.

Evidence that matters

Evidence commonly includes CCTV, police body-worn video, phone footage, 999 calls, officer accounts, witness statements, social-media or message evidence, injury photographs and evidence concerning weapons or property damage.

Reasonable lines of enquiry

Enquiries may include obtaining full footage before and after the selected clip, identifying independent witnesses, reviewing police deployment/BWV, separating each participant’s conduct and checking messages or location material relevant to intention and context.

What happens next

Mode of trial depends on the offence: some public-order offences are summary, others either way or indictable only. Group incidents may generate multiple charges and extensive video evidence.

Immediate steps

Preserve phone video, messages and witness details. Identify nearby CCTV quickly. Keep any police notices, bail documents and footage references.

What should you send us?

Send the charge/allegation, police papers, next date, CCTV/BWV or phone footage, witness details, any injury/weapon information and a chronology.

Legal information from Theodorous. The law and procedure can change and the application of the law depends on the facts. This guide is general information, not advice on your individual case.

HOW WE CAN HELP

What Theodorous can do

We can identify the appropriate statutory offence, review video and witness evidence, distinguish individual conduct in group incidents, advise at interview and conduct Magistrates’ or Crown Court proceedings.

NEXT STEP

Discuss a public-order allegation

Send the charge or allegation, next date and any CCTV, body-worn video or witness material for review.

Discuss a public-order allegation

FREQUENTLY ASKED QUESTIONS

Questions about this issue

What is affray?

Affray under section 3 Public Order Act 1986 concerns using or threatening unlawful violence where the conduct would cause a person of reasonable firmness present at the scene to fear for personal safety. The statutory details should be applied to the specific facts.

Can public-order offences be based on words alone?

Some offences can concern threatening or abusive words or behaviour, but the precise elements, context and statutory safeguards depend on the section alleged.

Why is full CCTV important?

A short clip can omit what triggered an incident, efforts to withdraw, the conduct of others or what happened immediately afterward. Complete footage can materially alter context.