Join WhatsApp group

Disorderly behaviour (s.5 POA)

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

Public order

Disorderly behaviour (s.5 POA)

Public Order Act 1986, s.5

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
Fine not exceeding level 3 (basic, s.5(6)); higher maximum if racially or religiously aggravated

Actus reus

  • Uses threatening or abusive words or behaviour, or disorderly behaviour, or displays a threatening or abusive writing/sign, within the hearing or sight of a person likely to be caused harassment, alarm or distress (s.5(1)).
  • 'Insulting' is not part of s.5 after 1 February 2014.

Mens rea

  • No need to prove intent to cause harassment, alarm or distress.

Defences

No reason to believe anyone within hearing or sight was likely to be caused harassment, alarm or distress (s.5(3)(a)) · Conduct was reasonable (s.5(3)(c)) · Dwelling exception

Sentencing Council

Sentencing Council guideline effective 1 January 2020. Basic offence range: discharge to a fine.

View definitive guideline ↗

At the police station

Fine-only on the basic offence. If the officer says 'insulting', that is s.4/s.4A language, not current s.5.

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.

More in Public order

Back to the full offences index

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.