Party Vibe

The Public Order Act 1986 provides the police with powers to arrest people who engage in disorderly, threatening or insulting behaviour. This is the lowest level of public order offence designed to cover minor acts of hooliganism but does not cover behaviour that includes violence or threats of violence. Many of the anti-social behaviour concerns of ASB practitioners will come within the ambit of Section 5 of the Public Order Act 1986.

Offences under s5 of the Public Order Act 1986

Section 5 makes it a criminal offence to use threatening, abusive, insulting words or behaviour or disorderly behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress by that behaviour. There must be a victim present at the scene for this offence to be made out.

Disorderly behaviour includes:

• causing a disturbance in a residential area;
• persistently shouting abuse or obscenities at passers-by;
• rowdy behaviour in a street late at night;
• using slogans or language that cause distress.

Threatening, abusive or insulting words or behaviour includes:

• threats or abuse directed at individuals carrying out public service duties;
• throwing missiles;
• minor violence or threats of violence;
• incidents between neighbours that do not justify a charge of assault;
• an individual who is picked on by a gang where the behaviour does not justify an assault charge.

Before the police have the power to arrest a person for this offence, the offender must first be warned about the behaviour and can only be arrested if the behaviour is repeated. The offence is a summary only offence punishable by a Level 3 fine in the magistrates’ court or a penalty notice for disorder (PND) where appropriate.

The aim of this guide is not to show you how to conduct a riot. Neither is it intended as a critque on the pros and cons of fighting with the police.

(Just for the record: the authors believe history has proven that engaging with the police on their terms is not likely to result in lasting social change).

What we present here instead, is a brief guide to surviving public order situations, and slowing down or preventing the police from gaining the upper hand once a situation has occurred.

Bear in mind that the police are much better equiped and trained for close combat than you or I. They will have been psyching themselves up for hours, have plenty of reserves standing by and will feel confident with the law behind them. Beating the police is about outwitting them, not necessarily hitting them over the head.