Public order
Disorderly behaviour (s.5 POA)
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.
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.
- Statute:Public Order Act 1986, s.5 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Public order offences (charging standard) ↗