Public order
Public order offences (s.4, s.4A, s.5 POA 1986)
Public Order Act 1986, ss.4, 4A, 5
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- s.4/s.4A/s.5 basic offences: summary only; racially/religiously aggravated variants either way
- Maximum penalty
- Basic s.4/s.4A: 6 months' custody; basic s.5: fine only (level 3); racially/religiously aggravated s.4/s.4A: 2 years' custody (see Crime and Disorder Act 1998, s.31)
Actus reus
- s.4: use towards another threatening, abusive or insulting words/behaviour with intent to cause fear of immediate unlawful violence, or so as to cause such fear.
- s.4A: use threatening/abusive/insulting words/behaviour with intent to cause harassment/alarm/distress, or so as to cause HAD.
- s.5: use threatening or abusive words/behaviour, or disorderly behaviour, within hearing or sight of a person likely to be caused harassment, alarm or distress. "Insulting" was removed from s.5 on 1 February 2014 (Crime and Courts Act 2013, s.57).
Mens rea
- s.4: intent to cause fear of immediate unlawful violence or to provoke it, or that such fear/provocation is likely.
- s.4A: intent to cause harassment, alarm or distress, and the words/behaviour actually cause it.
- s.5: no need to prove intent to cause harassment, alarm or distress. Statutory defences include reasonable conduct (s.5(3)).
Verified case law
Brutus v Cozens[1973] AC 854
“Insulting” under the Public Order Act 1936 (and successors) takes its ordinary meaning — whether reasonable persons would find the behaviour insulting.
Defences
Reasonable excuse · No threatening/abusive/insulting character · Not within sight/hearing of likely victim (s.5) · Freedom of expression (Art 10) in context
Sentencing Council
s.4 guideline effective 1 January 2020 (basic: discharge to 26 weeks). Separate SC guidelines cover s.4A and s.5 (disorderly behaviour). Affray and violent disorder have their own guidelines.
At the police station
Often linked to pub/domestic incidents and football. Check BWV for exact words, whether s.5 sufficient vs s.4, and if racial/religious aggravation applies (separate statutes).
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.