What Evidence Is Needed to Charge Someone With Public Order Offences?

Public order offences cover a range of behaviour that disrupts public peace, safety or decency in England and Wales. These can include threatening, abusive or disorderly conduct, affray, violent disorder and racially or religiously aggravated public order offences. Before someone can be charged with a public order offence, investigators and prosecutors must gather and assess evidence sufficient to support a prosecution under the Code for Crown Prosecutors. This guide explains what types of evidence are typically needed, how offences are defined under law, and how prosecutors decide whether to bring charges.

The principal law governing these offences is the Public Order Act 1986, as interpreted and applied by the courts. Prosecutors may also consider related offences such as assault or weapon possession when deciding on charges.

Understanding Public Order Offences

Public order offences are intended to prevent and penalise conduct that causes, or is likely to cause, harassment, alarm, distress or fear of violence to members of the public. Common examples include:

• Threatening behaviour under Section 4 of the Public Order Act 1986;
• Disorderly behaviour likely to cause harassment, alarm or distress (Section 5);
• Intentional harassment, alarm or distress (Section 4A);
• Affray and other violence‑linked public order offences.

The exact evidence required will vary with the particular offence charged, but all public order prosecutions share the common requirement that the charge reflects the defendant's conduct and the impact on the public.

How Prosecutors Decide Whether to Charge

Before any charge is authorised, the Crown Prosecution Service (CPS) applies the Full Code Test, which has two stages:

1. Evidential Stage – Prosecutors must be satisfied there is sufficient admissible evidence to provide a realistic prospect of conviction. Evidence must be reliable, credible and capable of proving all elements of the alleged offence beyond reasonable doubt at trial.
2. Public Interest Stage – If the evidential test is met, prosecutors then consider whether prosecution is in the public interest, weighing factors such as the seriousness of the behaviour, harm caused and impact on the community.

Where not all evidence is immediately available but there are reasonable grounds to believe further evidence will emerge, the CPS may apply a Threshold Test to authorise charging while the investigation continues.

Representative Public Order Offences and Required Evidence

Threatening or Abusive Behaviour (Section 4 of Public Order Act 1986)

This offence requires proof that the defendant:

• Used threatening behaviour or displayed threatening material; and
• Did so with intent to cause, or in circumstances where it was likely to cause, another person to believe that immediate unlawful violence would be used.

Evidence may include:

• Recorded or documented threatening words or actions;
• Eyewitness testimony describing the conduct;
• CCTV or mobile phone footage capturing the incident;
• Messages or posts (text, social media) showing intent or content of threats.

Prosecutors must also be able to link the conduct to an effect on a person who was reasonably likely to be put in fear of violence.

Disorderly Behaviour (Section 5 and Section 4A)

A Section 5 offence occurs where:

• A person uses threatening or abusive words or behaviour, or displays threatening signs; and
• It is within the hearing or sight of a person likely to be caused harassment, alarm or distress.

Section 4A is more serious and requires intent to cause harassment, alarm or distress. Evidence should show:

• The nature of the words or behaviour;
• The context in which they were used; and
• The impact on those present, which may be shown via witness accounts or other objective signs of distress. Prosecutors should not assume the effect on the victim but must seek evidence capable of proving it.

Typical evidence includes witness statements, photos or video of behaviour, and recorded communications.

Affray and Violent Disorder

More serious public order offences such as affray or violent disorder involve unlawful violence or threats that would cause a person of reasonable firmness to fear for their safety. Evidence may combine:

• Eyewitness accounts of violent or threatening conduct;
• CCTV and body‑worn video footage;
• Forensic evidence such as injuries or weapon identification;
• Communications indicating planning or organisation.

In chaotic situations involving groups, identification of individuals may require careful analysis of video, photographic evidence and other material. Prosecutors assess whether each element-unlawful violence and fear of violence-is clearly supported by the evidence.

Types of Evidence Used in Public Order Cases

Witness Statements and Victim Accounts

Witness testimony is fundamental to proving public order offences. This may include the accounts of:

• People directly affected by the conduct;
• Bystanders who saw or heard the incident;
• Police officers or other officials who attended the scene.

Statements should describe what occurred, including the conduct, context and impact on those present.

Video and Photographic Evidence

CCTV, mobile phone recordings and body‑worn camera footage can be vital in public order cases, especially for capturing:

• The behaviour and interactions alleged;
• The presence of a suspect at the scene;
• The effect of conduct on others.

Clear identification of individuals and actions captured in footage strengthens the prosecution's case.

Digital and Documentary Evidence

Communications such as text messages, social media posts and emails may show:

• Planning or intent to engage in disorderly conduct;
• Threats or abusive language;
• Coordinated activity related to protests or unrest.

Emails and messages can also corroborate witness accounts and contextualise behaviour.

Physical Evidence and Forensic Material

Physical evidence may include:

• Objects used in the commission of the offence (such as weapons or items used to intimidate);
• Injury reports or medical notes showing harm caused to victims or officers;
• Clothing or items linked to a suspect at the time of the offence.

Forensic evidence may support identification and demonstrate elements such as force or threat.

Identification and Contextual Evidence

Because public order incidents often involve groups, ensuring accurate identification of suspects is crucial. Prosecutors may rely on:

• CCTV and other video from multiple sources;
• Photographs widely shared by witnesses or media;
• Telephone or digital records showing location or involvement;
• Evidence of preparation or planning, such as possession of protective equipment or communications indicating intent to cause disorder.

Defences and Evidence at Trial

In some cases, conduct may be lawful or justified, such as where someone acted in self‑defence. If a defence like this is raised, the prosecution must gather evidence to disprove it, showing the defendant's conduct was not reasonably necessary or proportionate.

Common Questions About Public Order Evidence

Is a signed witness statement needed before charging?

A detailed witness account is typically needed, but police can record evidence in various forms; a formal signed statement may follow initial accounts, especially if it is central to the case.

Can someone be charged based on video alone?

Yes. Clear and credible video footage demonstrating the elements of the offence can be sufficient, particularly when supported by other evidence identifying the suspect and context.

Does public disorder require proof of harm?

For some offences, such as Section 4A, evidence of harassment, alarm or distress caused by the conduct helps meet the legal definition, even if no physical harm occurred.

Key Takeaways

Charging someone with a public order offence in England and Wales requires assembling and assessing evidence that supports each legal element of the alleged conduct. Prosecutors must show:

• The defendant engaged in threatening, abusive or disorderly behaviour or participated in violent conduct;
• The conduct occurred in circumstances defined by law (such as within sight or hearing of others);
• The effect on victims or bystanders, where relevant, can be demonstrated.

Common forms of evidence include eyewitness statements, video and photographic material, digital communications, physical and forensic evidence, and contextual material showing intent or planning. All evidence must satisfy the evidential and public interest stages of the charging decision before a prosecution can proceed.