Public order
Disorderly behaviour with intent to cause harassment, alarm or distress (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.
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.
- Statute:Public Order Act 1986, s.4A ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Public order offences (charging standard) ↗