Failure to Comply with a Direction to Disperse (Section 39 Anti-social Behaviour, Crime and Policing Act 2014)

Failure to Comply with a Direction to Disperse is a summary offence under s.39(1) Anti-social Behaviour, Crime and Policing Act 2014. A person given a direction under section 35 who fails without reasonable excuse to comply with it commits an offence (s.39(1)). Under s.35, if an authorisation is in force under s.34, a constable in uniform may direct a person in a public place in the locality specified in the authorisation to leave the locality (or part of it) and not to return for the exclusion period, which may not exceed 48 hours (s.35(1) and (4)). The constable must have reasonable grounds to suspect that the person's behaviour in the locality has contributed or is likely to contribute to members of the public being harassed, alarmed or distressed, or to crime or disorder, and must consider the direction necessary to remove or reduce the likelihood of those events (s.35(2) and (3)). The direction must be given in writing unless that is not reasonably practicable and must specify the area to which it relates (s.35(5)), and the constable must, unless it is not reasonably practicable, tell the person that failing without reasonable excuse to comply is an offence (s.35(6)). Maximum sentence: on summary conviction, imprisonment for a period not exceeding 3 months, or a fine not exceeding level 4 on the standard scale (s.39(2)).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. A dispersal power under s.34 must be authorised by an inspector and lasts up to 48 hours. The authorisation must be in writing and specify the locality. Officers giving directions under s.35 must be in uniform. Officers must consider Articles 10 and 11 ECHR (right to peaceful assembly and freedom of expression). The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them.