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Section 5 (Disorderly Behavior)

One of the less serious offences that the Courts hear for Public Order offences is a charge under Section 5 of the Public Order Act.  This is the offence of disorderly conduct.  If you are accused of this, the Police will need to prove that:

  • You have used threatening, abusive or insulting words or behaviour;
  • Within the hearing or sight of somebody likely to cause harassment, alarm or distress.

The offence under Section 5 of the Public Order Act is a summary only offence, so can only be heard by the Magistrates Court, but does not carry the risk of a custodial sentence.  The maximum sentence and power the Court has is to impose a financial penalty or fine.  This also means that if you are guilty of this offence you would not be at risk of a community penalty, such as unpaid work or a curfew.

Because of this, it can be difficult to justify obtaining Legal Aid for your representation.  The Court will only grant a Representation Order for a Section 5 offence if it can be shown that it is in the interests of justice for another reason why you should be represented at your hearing.

Even though the offence is relatively minor, you need a Solicitor who understands how important it is that you get the best result possible.  Even if there is not a risk of a prison sentence, a conviction can have a serious impact upon your life and your possible employment in the future.  Therefore it is important that any solicitor you instruct will take your full instructions and prepare the case to the best of their ability and act in your best interests at all times.

The Solicitors at Stephen Lickrish & Associates have dealt with many clients accused of with Public Order Act offences, including Section 5 Public Order Act offences.  We represent the clients in Greater Manchester and the North West, as well as throughout the Country.  If you or someone you know are accused of this offencecontact us to see how we can help you.

See also:

Disorderly Behaviour Solicitors in Manchester, England

Offering specialist advice and representation on cases of Disorderly Behaviour, Stephen Lickrish & Associates Solicitors in Manchester can help. Contact us today by calling us at 0161 237 1913 or on 0800 988 64 22 for 24-hour legal advice. Alternatively, contact us by filling out an enquiry form.

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