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