The offences
The Public Order Act 1986 covers a range of offences. Section 5 covers disorderly behaviour or threatening, abusive or insulting words likely to cause harassment, alarm or distress (summary-only). Section 4 covers threatening behaviour, and section 4A covers intentional harassment, alarm or distress. The more serious offences are triable either-way.
Defences
- The behaviour was not threatening, abusive or insulting
- No one was likely to be caused harassment, alarm or distress
- No intent, where intent is required
- Freedom of expression and lawful protest considerations
Sentencing
Section 5 is summary-only and usually dealt with by a fine. Sections 4 and 4A are triable either-way and carry imprisonment. The guidelines consider the impact on others and whether the behaviour was part of a group.
Frequently asked questions
A conviction or fixed penalty for section 5 is recorded. It is the least serious public order offence and is usually dealt with by a fine.
Section 4 covers threatening behaviour; section 4A requires an intent to cause harassment, alarm or distress, and carries a higher maximum.
Lawful protest is protected, and freedom of expression is a relevant consideration. Where conduct crosses into threatening or abusive behaviour, charges may still follow.