What Constitutes Fireworks Offences And The Possible Penalties

Everything you need to know about Fireworks this Bonfire Night

Seven people have been arrested following firework-related disorder in Birmingham city centre, with police using enhanced stop-and-search powers to prevent further violence. As Bonfire Night approaches, what does the law say about possessing and setting off fireworks, and when can dangerous behaviour lead to criminal charges?

Seven Arrested Following Firework Disorder in Birmingham

West Midlands Police has arrested seven people following reports of disorder involving fireworks in Birmingham city centre.

According to a BBC News report, officers responded to incidents around Corporation Street and Stephenson Street, where fireworks were reportedly being discharged dangerously near members of the public, police officers and vehicles.

Those arrested, aged between 15 and 26, were detained on suspicion of offences including assault, possession of fireworks and possession of an offensive weapon.

The arrests follow serious disorder during the previous Bonfire Night period. On 6 November 2025, police arrested 21 people following incidents in which fireworks were reportedly directed towards officers in Birmingham.

With further celebrations approaching, police forces are increasing their focus on preventing dangerous behaviour. However, an arrest is not a conviction, and the allegations against those detained must still be investigated.

Is It Illegal to Set Off Fireworks in a Public Place?

Yes. In England and Wales, it is generally unlawful to throw or discharge fireworks in streets, highways and other public places.

Section 80 of the Explosives Act 1875 prohibits throwing or setting off fireworks in these locations.

This means that setting off fireworks in a busy city centre, public street or similar location can result in enforcement action even where nobody is injured.

Where fireworks are deliberately directed towards people, vehicles or buildings, additional and potentially more serious criminal offences may arise.

Can You Be Arrested Simply for Possessing Fireworks?

Possession of fireworks is not automatically unlawful for every adult. However, important restrictions apply depending on the person’s age, the category of firework and the circumstances.

Under the Fireworks Regulations 2004, people under 18 are generally prohibited from possessing adult fireworks in public places, subject to limited exceptions.

Category F4 fireworks are intended for professional use and are subject to particularly strict possession restrictions.

Adults may lawfully possess certain consumer fireworks, but this does not mean they can use them anywhere or in any manner they choose.

Where somebody is arrested on suspicion of unlawful possession, the precise nature of the fireworks and the circumstances in which they were found will be relevant.

What Time Can Fireworks Legally Be Set Off?

Fireworks are generally prohibited between 11pm and 7am, although the law provides exceptions for certain celebrations.

On Bonfire Night, fireworks may generally be used until midnight. On New Year’s Eve, Diwali and Chinese New Year, the permitted period extends until 1am.

These exceptions relate to the time restrictions. They do not provide permission to discharge fireworks unlawfully in public streets or use them dangerously.

Local restrictions and other applicable legal requirements may also need to be considered.

What Are the Penalties for Breaking Firework Laws?

The penalties depend on the offence involved.

Illegal firework use or supply can lead to fines and, for certain offences, imprisonment. Government guidance identifies penalties of up to six months’ imprisonment and unlimited fines for some breaches of fireworks legislation.

Other offences, including unlawfully discharging fireworks in public places, have their own statutory penalties.

Where fireworks are used to threaten, assault or injure another person, the consequences may be substantially more serious than those associated with a straightforward breach of fireworks regulations.

The appropriate charge will depend on the conduct alleged, the evidence available and any resulting harm.

Can Using Fireworks Against Police Officers Lead to Prison?

Yes. Deliberately directing fireworks towards police officers or other people can potentially result in serious criminal charges.

Depending on the circumstances, prosecutors may consider offences involving assault, public disorder, criminal damage or other applicable legislation.

Where someone suffers an injury, the nature and seriousness of that injury may influence the offence charged and any subsequent sentence.

The prosecution must establish the necessary elements of the particular offence. Simply being present in a crowd where fireworks are discharged does not automatically establish personal responsibility.

What Is a Section 60 Stop and Search?

Section 60 of the Criminal Justice and Public Order Act 1994 allows police to conduct certain searches without needing reasonable grounds to suspect that each individual person is carrying a weapon.

These powers require a lawful authorisation covering a specified area and period, based on the statutory conditions relating to serious violence or weapons.

West Midlands Police reportedly used Section 60 powers in response to the Birmingham disorder.

During a valid authorisation, uniformed officers can stop and search people and vehicles for offensive weapons or dangerous instruments within the scope of the power.

However, Section 60 does not provide an unrestricted authority to search for anything. The purpose, geographical limits and duration of the authorisation remain legally important.

Can Police Search You Without Reasonable Suspicion?

Yes, but only where a lawful power permits it.

Under ordinary stop-and-search powers, police generally need reasonable grounds for suspicion. Section 60 provides a specific exception where the required authorisation is in force.

That does not remove the obligation to conduct searches lawfully or mean that everybody searched has committed an offence.

People subjected to a Section 60 search are entitled to certain information about the search and can request a written statement within the statutory period.

If the legality of a search becomes relevant to criminal proceedings, the authorisation and circumstances of the search may be examined.

Can Someone Be Charged for Firework Disorder Without Setting Off a Firework?

Potentially, depending on their conduct and the offence alleged.

Criminal liability does not always require somebody to have personally discharged a firework. In some circumstances, conduct involving threats, violence, participation in disorder or intentionally assisting another person’s offending may give rise to criminal allegations.

However, presence at the scene or association with others is not, by itself, sufficient to establish guilt.

Police may rely on CCTV, mobile phone footage, witness statements and other evidence when investigating who was responsible for particular actions.

Each person’s alleged involvement must be considered individually.

What Happens if a Child Is Arrested for a Firework Offence?

Children aged 10 to 17 can be investigated and prosecuted for criminal offences in England and Wales, although separate youth justice procedures and safeguards apply.

The Birmingham arrests reportedly included individuals as young as 15.

When a child is detained at a police station, additional protections apply, including requirements relating to an appropriate adult and access to legal advice.

The youth justice system places particular emphasis on welfare, rehabilitation and preventing further offending, while recognising the seriousness of conduct that places others at risk.

The appropriate outcome will depend on the alleged offence, the child’s circumstances and the evidence.

Firework Disorder, Public Safety and Criminal Defence

Fireworks can cause serious injury when misused, particularly in crowded streets or when directed towards people and emergency service workers.

Police have a legitimate responsibility to prevent violence, protect communities and investigate suspected criminal behaviour during busy public events.

At the same time, arrests, stop-and-search activity and prosecutions must remain subject to the law.

Where allegations involve large crowds, fast-moving incidents and video footage, accurately establishing who did what can be particularly important.

Morton’s Solicitors provides criminal defence advice and representation for individuals facing allegations involving public order offences, assault, offensive weapons and other criminal matters.

As police forces prepare for Bonfire Night, the Birmingham incidents highlight both the dangers of firework misuse and the importance of understanding the legal consequences. Effective enforcement and fair criminal procedures remain essential to protecting the public and ensuring that allegations are properly tested.

How We Can Help.

If you have any questions relating to any anti-social behaviour or Respect Orders and would like advice then don’t hesitate to call us now on 0161 477 1121 or email us.