New public order offence sentencing guidelines

The Sentencing Council has published new guidelines for the sentencing offenders convicted of public order offences.

The new guidelines come into effect on 1 January 2020. They will apply to existing public order offences, ranging from low level disorderly behaviour to widespread public disorder.

The guidelines set out to provide a clear framework to help ensure a consistent approach is taken to sentencing such offences. The guidelines will apply to offenders aged 18 years or over.

The guidelines cover the following offences under the Public Order Act 1986:

• Riot
• Violent disorder
• Affray
• Threatening or provocation of violence and the racially or religiously aggravated counterpart offences
• Disorderly behaviour with intent to cause harassment, alarm or distress and the racially or religiously aggravated counterpart offences
• Disorderly behaviour causing or likely to cause harassment, alarm or distress and the racially or religiously aggravated counterpart offences
• Offences relating to stirring up racial or religious hatred and hatred based on sexual orientation

The new guideline are available here. There is also a response to the original consultation and a Final Resource Assessment for Public Order offences.