Public Order Offences incorporating the Charging Standard
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance outlines the prosecution principles related to public order offences, derived primarily from the Public Order Act 1986. It covers the proper charging practices, including considerations for riots, violent disorder, and affray, as well as public interest factors that influence prosecution decisions. The document emphasizes how public order offences may interconnect with other criminal acts and provides criteria for appropriate charge selection and considerations for referrals in complex cases.
Key points
- Charges should accurately reflect the accused's involvement.
- Avoid overloading or overcharging based on weak evidence.
- Consider the public interest before prosecution for less serious offences.
- Riot requires twelve or more involved; violent disorder needs only three.
- Public order offences can relate to other offences like assault or possession of weapons.
- Public interest may favor prosecution if preparatory actions indicate plans for disorder.
Public-interest factors
- Evidence indicating preparation for disorder during protests.
- Impact of the alleged act on public safety or order.
- Seriousness of the offence involved.
- Victim-specific hostility or aggravation factors.
- Wider implications of the act on public peace.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.