Annex A –OFFENCES
Annex A –OFFENCES
This is a non exhaustive list of offences that may be committed arising out of a public protest.
|Offence |MOT |Sentence |Charging responsibility |
|Public Order Act 1986 | Indictable |Maximum 10 years’ imprisonment and/or |CPS will need to liaise with|
| | |fine |CCP and provide DPP’s |
|Section 1 | | |consent |
| | | | |
|Riot | | | |
| |Either Way |Summary: maximum 6 months’ imprisonment|CPS |
|Section 2 | |and/or fine | |
| | | | |
|Violent Disorder | |Indictment: maximum 5 years’ | |
| | |imprisonment and/or fine | |
| |Either Way |Summary: a fine not exceeding the |CPS |
|Section 3 | |statutory maximum or 6 months’ | |
| | |imprisonment | |
|Affray | | | |
| | |Indictment: 3 years’ imprisonment | |
| |Summary |Maximum 6 months’ imprisonment and/or |Police |
|Section 4 | |fine not exceeding level 5 on the | |
| | |standard scale | |
|Fear or provocation of violence | | | |
| | |Indictment: maximum 2 years | |
|Racially Aggravated (Section 31 Crime | |imprisonment | |
|and Disorder Act 1998) |Either Way | |CPS |
| |Summary |Maximum 6 months’ imprisonment and/or |Police |
|Section 4A | |fine not exceeding level 5 on the | |
| | |standard scale | |
|Intentional harassment, alarm or | | | |
|distress | | | |
| | |Indictment: maximum 2 years | |
|Racially Aggravated | |imprisonment | |
|(Section 31 Crime and Disorder Act |Either Way | |CPS |
|1998) | | | |
| |Summary |Fine not exceeding level 3 on the |Police |
|Section 5 | |standard scale. | |
| | | | |
|Harassment, alarm or distress | |Also consider a penalty notice for | |
| | |disorder | |
| | | | |
|Racially Aggravated | |Fine not exceeding level 4 on the | |
|(Section 31 Crime and Disorder Act | |standard scale |CPS |
|1998) | | | |
|Theft Act 1968 |Indictable |Life imprisonment |CPS |
| | | | |
|Section 10 | | | |
| | | | |
|Aggravated Burglary | | | |
| |Either Way |Summary: maximum 6 months’ imprisonment| |
|Section 9 | |and/or a fine not exceeding the |Police if an anticipated |
| | |statutory maximum |guilty plea and SST |
|Burglary Dwelling with intent to steal| | | |
| | |Indictment: 10 years’ imprisonment | |
| | |(unless the building or part of the | |
| | |building was a dwelling, which is 14 | |
| | |years’ imprisonment) | |
| | | | |
| | |3 years’ minimum imprisonment on |CPS |
| | |conviction for third domestic burglary | |
|Criminal Damage Act 1971 |Either way |Summary: maximum 6 months’ imprisonment| |
| | |and/or a fine not exceeding the |Police if an anticipated |
|Section 1 | |statutory maximum |guilty plea and SST |
| | | | |
|Criminal Damage | |Indictment: maximum 10 years’ | |
| | |imprisonment |CPS |
|Destroying or damaging property (value| | | |
|over £5000) | | | |
| | |Indictment: maximum 14 years | |
|Racially Aggravated | |imprisonment |CPS |
|(Section 30 Crime and Disorder Act | | | |
|1998) | | | |
| |Summary |Maximum 3 months’ imprisonment and/or a|Police |
|Section 1 | |fine not exceeding level 4 on the | |
| | |standard scale | |
|Criminal Damage | | | |
| | |If value below £300 also consider | |
|Destroying or damaging property (value| |penalty notice for disorder | |
|under £5000) | | | |
| |Indictable |Life imprisonment. |CPS |
|Section 1(2) | | | |
| | | | |
|Criminal damage intending/reckless to | | | |
|endanger life | | | |
|Section 1 (3) | | | |
| |Either way | | |
|Arson Criminal Damage by Fire | |Summary: 6 months’ imprisonment and / |Police if an anticipated |
| | |or a fine not exceeding level 5 on the |guilty plea and SST |
| | |standard scale. | |
| | | | |
| | |Indictment: Life imprisonment. | |
| | | |CPS |
|Section 3 | | | |
| |Either Way |Summary: 6 months imprisonment and/ or| |
|Possessing anything with intent to | |fine not exceeding statutory maximum |Police if an anticipated |
|destroy or damage | |Indictment: 10 years imprisonment |guilty plea and SST |
| | | | |
| | | |CPS |
|Serious Organised Crime and Police Act|Summary |Maximum 6 months’ imprisonment and/or | |
|2005 | |fine not exceeding level 5 on the |CPS |
| | |standard scale |(AG’s consent required) |
|Section 128 | | | |
| | | | |
|Offence of trespassing on a protected | | | |
|site | | | |
| |Summary |Offences under section 132(1)(a): |Police |
|Section 132 | |Summary: Maximum 3 months’ imprisonment| |
| | |and/or fine not exceeding level 4 on | |
|Demonstrating without authorisation in| |standard scale | |
|designated areas | |Offences under section 132(1)(b) or |Police |
| | |(c): | |
| | |Summary: Fine not exceeding level 3 on | |
|(Designated area is within 1km of | |standard scale | |
|Parliament) | | | |
| | | | |
|Section 145 |Either Way |Summary: A maximum of 6 months | |
| | |imprisonment and/ or a fine not | |
|Interference with contractual | |exceeding the statutory maximum | |
|relationships so as to harm animal | | | |
|research organisations | |Indictment: 2 years imprisonment | |
|Section 146 | | | |
| |Either Way |Summary: A maximum of 6 months | |
|Intimidation of persons connected with| |imprisonment and/ or a fine not | |
|animal research organisations | |exceeding the statutory maximum | |
| | | | |
| | |Indictment: 2 years imprisonment | |
|Police Reform and Social |Summary |(a) a fine not exceeding level 5 on the|Police |
|Responsibility Act 2011 | |standard scale, together | |
| | | | |
|Section 143 | | | |
| | | | |
|Prohibited activities in controlled | | | |
|area of Parliament Square | | | |
| | | | |
| | | | |
|(use of loudspeakers and loud hailers | | | |
|and erection of tents) | | | |
|Criminal Justice and Public Order Act |Summary |Fine not exceeding level 4 on the | |
|1994 | |standard scale and/or maximum 3 months’|Police |
| | |imprisonment | |
|Section 68(1) | | | |
| | | | |
|Aggravated trespass/disrupting lawful | | | |
|activity | | | |
|Public Meeting Act 1908 |Summary |1(1&2) 6 months’ imprisonment and / or |Police |
| | |a fine not exceeding level 5 on the | |
|Section 1 | |standard scale | |
| | | | |
|Penalty on endeavour to break up a | |1(3) a fine not exceeding level 1 on | |
|public meeting | |the standard scale | |
|Public Order Act 1936 |Summary |Level 4 on the standard scale and/or |CPS |
| | |maximum 3 months’ imprisonment |AG’s consent is required |
|Section 1 | | |(1(2)) |
| | | | |
|Prohibition of uniforms in connection | | | |
|with political objects | | | |
| |Either way |Summary: imprisonment for a term not |CPS |
|Section 2 | |exceeding 6 months’ and or a fine not |AG’s consent is required |
| | |exceeding the prescribed sum or both |(2(2)) |
|Prohibition of quasi-military | | | |
|organisations | |Indictment: A fine and / or 2 years’ | |
| | |imprisonment. | |
|Criminal Justice Act 1967 |Summary |Fine not exceeding level 3 on the |Police |
| | |standard scale. | |
|Section 91 | | | |
| | |Also consider penalty notice for | |
|Drunk and disorderly in a public place| |disorder |Police |
| | | | |
|Highways Act 1980 |Summary |Fine not exceeding level 3 on the |Police |
| | |standards scale | |
|Section 137 | | | |
| | | | |
|Wilful obstruction of the highway | | | |
| | | | |
|Road Traffic Act 1988 |Either Way |Summary: A fine not exceeding the |Police if an anticipated |
| | |statutory maximum and / or 6 months’ |guilty plea and SST |
|Section 22A | |imprisonment. | |
| | | | |
|Causing danger to road users | |Indictment: A fine and / or 7 years’ | |
| | |imprisonment. | |
| | | | |
| | | |CPS |
| |Summary |A fine not exceeding level 3 on the |Police |
|Section 25 | |standard scale | |
| | | | |
|Tampering with motor vehicle | | | |
|Police Act 1996 |Summary |6 months’ imprisonment and / or a fine |Police |
| | |not exceeding level 5 on the standard | |
|Section 89(1) | |scale | |
| | | | |
|Assaulting a constable | | | |
| |Summary |Maximum 1 month imprisonment* and/or a |Police |
|Section 89(2) | |fine not exceeding level 3 on the | |
| | |standard scale | |
|Resisting / wilfully obstructing a | | | |
|constable | |(*51 weeks’ imprisonment, when Schedule| |
| | |26, paragraph 47 to the Criminal | |
| | |Justice Act 2003 comes into force) | |
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