A heated argument outside a pub may feel like nothing more than a drunken disagreement. However, if an argument involves threatening or abusive behaviour, causes distress to other people, or develops into violence, it can potentially become a public order offence.
For some people, the consequences may be relatively minor. For others, an incident outside a pub can result in arrest, criminal charges, a court appearance and, in more serious cases, imprisonment.
So, when does an argument become a criminal offence?
A scenario outside a Pub
Imagine it is a Saturday night. A man has been drinking with friends in a pub. When the pub closes, he gets involved in an argument with a stranger outside.
Initially, it is simply a disagreement.
The two men exchange words. Voices become raised and people nearby begin to notice. The argument then becomes more aggressive. One man starts shouting abuse at the other and moves towards him.
A friend tries to intervene, but the argument continues. Someone nearby calls the police and when officers arrive, the man is still shouting and behaving aggressively. The officers attempt to calm the situation, but he refuses to stop.
He is arrested and taken to the police station. How can what simply started as an argument, now become a criminal investigation?
Is arguing outside a Pub a Criminal Offence?
Not necessarily. There is nothing automatically unlawful about having an argument in a public place. People can disagree, become angry and express their opinions without necessarily committing an offence.
The situation changes when the behaviour crosses the legal threshold for an offence.
Depending on what happened, the police may investigate offences under the Public Order Act 1986, including disorderly behaviour or threatening behaviour.
The precise offence will depend on the words used, the person's actions, the circumstances and the available evidence.
What is a Public Order offence?
Public order offences cover a range of behaviour that can cause fear, alarm, harassment or distress, or involve threats or violence. One offence that can arise from an incident outside a pub is section 5 disorderly behaviour.
Section 5 can apply to threatening or abusive words or behaviour, or disorderly behaviour, where the relevant statutory requirements are satisfied.
A conviction for the basic section 5 offence is currently punishable by a level 3 fine, rather than imprisonment. This means that not every person arrested following an argument outside a pub is facing a prison sentence.
However, the circumstances can make the situation much more serious.
What if threats are made?
Threatening behaviour can potentially lead to a more serious public-order allegation.
Section 4 of the Public Order Act 1986 deals with fear or provocation of violence.
For the offence to be established, the statutory requirements concerning threatening, abusive or insulting words or behaviour and the fear or provocation of immediate violence must be met.
The maximum sentence for section 4 is currently six months' custody. This does not mean that someone convicted of the offence will automatically receive a prison sentence. The actual sentence depends on the circumstances and the sentencing guidelines.
The difference between shouting abuse and threatening violence can therefore be extremely important.
Can the police arrest someone for shouting abuse?
Potentially as Police officers may intervene where they believe an offence has been committed or where the legal grounds for arrest are satisfied.
An arrest does not mean that the person has been found guilty. The person may be taken to a police station and interviewed under caution while officers investigate what happened.
The police may consider:
· What was said?
· What did the person do?
· Were threats made?
· Was anyone frightened?
· Was violence used?
· Were there independent witnesses?
· Is there CCTV?
· Is there police body-worn video?
· Was anyone injured?
· Was alcohol involved?
These questions can all become important.
What happens after being arrested?
Following an arrest, a person may be taken into police custody. They may be searched and have their details recorded before being interviewed.
An interview under caution gives the police an opportunity to ask questions about the alleged incident. The evidence may then be reviewed before a decision is made about what happens next.
Depending on the circumstances, a person may be released without charge, released while further enquiries take place, dealt with in another way where appropriate, or charged with a criminal offence.
If the person is charged, the matter can proceed to court. It is important to remember that arrest is not the same as being charged, and being charged is not the same as being convicted.
What is the least serious outcome?
For a relatively minor incident, the consequences may be significantly less serious than imprisonment. A basic section 5 disorderly behaviour offence is punishable by a fine.
The Sentencing Council currently lists the offence range for basic disorderly behaviour as ranging from discharge to a fine.
However, even a relatively minor incident can be stressful. A person may have to deal with police questioning, legal costs, court proceedings and the potential consequences of a criminal conviction.
The fact that the incident happened after drinking does not necessarily make it disappear.
What if the argument becomes violent?
This is where the potential consequences can increase considerably. If the argument develops into a physical confrontation, the police may investigate other offences, including assault.
If someone uses or threatens unlawful violence in circumstances where a person of reasonable firmness would fear for their personal safety, affray may potentially be relevant.
Affray is considerably more serious than a basic section 5 public-order offence and carries a maximum sentence of three years' custody.
The precise circumstances matter. A brief argument is very different from a violent confrontation involving several people, injuries, weapons or significant fear among members of the public.
Does alcohol make a difference?
Alcohol frequently features in incidents outside pubs. However, saying that someone was drunk does not automatically provide a defence to a public-order offence.
Alcohol can also contribute to behaviour that makes an incident more serious. Someone who cannot remember what they said or did because they had been drinking may still face prosecution if there is sufficient evidence from witnesses, CCTV or other sources.
This is one reason why it is important not to assume that an incident will simply be forgotten the following morning.
What should you do if you have been arrested?
If you have been arrested following an argument outside a pub, obtaining legal advice can be important. A criminal defence solicitor can help you understand what offence the police are investigating and advise you during the police investigation.
The evidence may include CCTV, witness statements, body-worn video and your own police interview. It is important to understand the allegation before making decisions about how to respond.
Final thoughts
Getting into an argument outside a pub does not automatically mean that you have committed a criminal offence.
However, shouting abuse, making threats, behaving aggressively or becoming involved in violence can potentially result in arrest and criminal prosecution. The least serious outcome may involve a fine.
At the more serious end, threatening behaviour, affray, assault or other offences can potentially result in custody or imprisonment. The outcome will always depend on the particular facts and evidence.
If you have been arrested for an argument outside a pub, accused of threatening behaviour, charged with a public order offence or involved in a pub fight, specialist legal advice should be obtained as soon as possible.
At Wainwright and Cummins LLP Solicitors we can provide advice and representation for individuals facing criminal allegations. As a well-known legacy firm for criminal law our experienced team will get you the best result possible.
Frequently Asked Questions
Can you be arrested for arguing outside a pub?
Yes, potentially. An argument itself is not necessarily an offence, but threatening, abusive or disorderly behaviour may result in police intervention and arrest.
Can shouting abuse outside a pub result in a criminal conviction?
Potentially. Depending on the circumstances, abusive or disorderly behaviour may amount to a public-order offence.
Can you go to prison for arguing outside a pub?
A basic section 5 offence is punishable by a fine. However, more serious offences arising from the incident, such as affray or assault, can carry custodial sentences.
What happens if you are arrested after a pub argument?
You may be taken to a police station, interviewed under caution and subsequently released or charged, depending on the circumstances and evidence.
This article is for general information about the law in England and Wales and does not constitute legal advice. For any direct questions get in contact via email newenquires@wainwrightcummins.co.uk or call us today
