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Disorderly behaviour with intent to cause harassment, alarm or distress (s.4A)

Public order — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Public order

Disorderly behaviour with intent to cause harassment, alarm or distress (s.4A)

Public Order Act 1986, s.4A

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only (racially or religiously aggravated variant is either way)
Maximum penalty
6 months' custody and/or a fine (basic); 2 years if racially or religiously aggravated (Crime and Disorder Act 1998, s.31)

Actus reus

  • Uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays a threatening, abusive or insulting writing/sign, thereby causing harassment, alarm or distress (POA 1986, s.4A).

Mens rea

  • Intent to cause harassment, alarm or distress.

Defences

Conduct was reasonable (s.4A(3)(b)) · No reason to believe anyone present was likely to be caused harassment, alarm or distress · Dwelling exception where both parties are inside dwellings

Sentencing Council

Sentencing Council guideline effective 1 January 2020. Basic offence range: discharge to 26 weeks' custody.

View definitive guideline ↗

At the police station

Check BWV for the exact words. s.4A still includes 'insulting'; s.5 does not. Racial or religious aggravation changes mode of trial and maximum.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.