At the very least, the refusal to act in Manchester should prompt urgent scrutiny of public order policing.

If burning a religious book can lead to prosecution, then why is the public destruction of the national flag—an act equally capable of causing offence and disorder—overlooked? The selective application of the law risks deepening public distrust in the police and reinforcing the belief that free expression is only protected when it aligns with the prevailing political consensus.

ACCESS TO THE LAW: Understanding the Crime and SentencingACCESS TO THE LAW: Understanding the Crime and Sentencing

As part of our campaign to improve citizens’ access and understanding of UK Criminal law, we will be explaining the relevant UK legislation surrounding any case law relevant to our articles:As part of our campaign to improve citizens’ access and understanding of UK Criminal law, we will be explaining the relevant UK legislation surrounding any case law relevant to our articles:

PUBLIC ORDER OFFENCES EXPLAINEDPUBLIC ORDER OFFENCES EXPLAINED

Public order offences in the UK are primarily governed by thePublic Order Act 1986Public Order Act 1986, which sets out various criminal offences related to disorderly conduct, violence, and actions likely to incite unrest. These laws are often used in cases of protests, riots, or acts deemed provocative in a public setting.

Key Public Order OffencesKey Public Order Offences

1.Riot (Section 1)Riot (Section 1)– Involves 12 or more people using or threatening violence for a common purpose, causing others to fear for their safety.

2.Violent Disorder (Section 2)Violent Disorder (Section 2)– Similar to riot but involves at least three people acting in a threatening or violent manner.

3.Affray (Section 3)Affray (Section 3)– Engaging in behaviour that would make a reasonable person fear for their safety, even if no violence occurs.

4.Fear or Provocation of Violence (Section 4)Fear or Provocation of Violence (Section 4)– Using threatening, abusive, or insulting words or behaviour with intent to cause fear or provoke violence.

5.Harassment, Alarm, or Distress (Sections 5 and 4A)Harassment, Alarm, or Distress (Sections 5 and 4A)– Engaging in conduct that is likely to cause public distress or offense, such as shouting abuse or displaying offensive symbols.

How the Law is AppliedHow the Law is Applied

The enforcement of these laws depends on police discretion and the context of the situation. For example, authorities have justified arrests forburning religious textsburning religious textsunder Sections 4 or 5, arguing that such actions may provoke disorder. However, inconsistencies arise when similar acts—such as tearing up a national flag—are ignored, raising concerns about selective enforcement.

Public order laws are designed to balancefreedom of expression (Article 10 of the Human Rights Act 1998)freedom of expression (Article 10 of the Human Rights Act 1998)with the need to maintain peace. However, if the law is applied unequally, it can undermine public trust and raise serious legal questions about fairness and impartiality.

Well, that’s all for now. But until our next article, please stay tuned, stay informed, but most of all stay safe, and I’ll see you then.Well, that’s all for now. But until our next article, please stay tuned, stay informed, but most of all stay safe, and I’ll see you then.

Jason KingJason King

Birmingham City-DeskBirmingham City-Desk

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