The Offences under sections 4, 4A and 5 of the Public Order Act

Introduction

The Public Order Act 1986 contains and creates a number of offences relating order and conduct in the public and private domains. Three of the most commonly charged offences are contained within sections 4, 4A, and 5.

These offences were newly created offences and therefore do not have any single name or term that describes them like riot, violent disorder, or affray. As such, the offences are usually referred to by their section alone, e.g. a section 4 offence.

The Offences: Section 4 - Fear or Provocation of Violence

In order for a person to be found guilty of an offence under section 4, the following would need to be proved:

1. That the defendant either: EITHER:

   1. Used threatening, abusive or insulting words or behaviour against another person; or

   2. Displayed any threatening, abusive or insulting writing or visual representation to another person; and
      

2. The defendant intended by his actions: OR

   1. To cause that person to believe immediate unlawful violence would be used against him or any other person by him or anyone else; or

   2. To provoke the immediate use of unlawful violence by that person or another:
      

3. Whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.

The Offences: Section 4A - Intentional Harassment, Alarm or Distress

A person commits an offence under section 4A if he:

1. Either:

   1. Uses threatening, abusive or insulting words or behaviour against another person; or

   2. Displays any threatening, abusive or insulting writing or visual representation to another person; and

2. Thereby causes that person or any other person harassment, alarm or distress; and

3. Intended by his actions to cause any person harassment, alarm or distress.

The Offences: Section 5 - Harassment, Alarm or Distress

An offence under section 5 is similar to section 4A except that no intent is required. As such, the offence will be complete if a person:

1. Either:

   1. Uses threatening, abusive or insulting words or behaviour against another person; or

   2. Displays any threatening, abusive or insulting writing or visual representation to another person; and

2. He does so within the hearing or sight or a person likely to be caused harassment, alarm or distress by those actions.

Procedure

All of the above offences are summary only. This means that they can only be dealt with in the magistrates’ court. In the magistrates’ court, cases are heard either by a bench of lay magistrates assisted by a legal clerk, or they are heard by a district judge sitting alone.

Sentence

Sections 4 and 4A each carry a maximum sentence of six months’ imprisonment or an unlimited fine or both. If fined, the amount will depend upon the severity of the case and will be proportionate to the income of the defendant.

Section 5 carries a maximum sentence of fine not exceeding £1,000. Again, the actual fine received will reflect the severity of the case and will be proportionate to the defendant’s income.

Aggravated Offences

Any of the above offences may also be “aggravated” in certain circumstances. This is essentially where the person committing one of the offences shows hostility based on race or religion.

If hostility based on race or religion is proved in addition to the “base” offence (i.e. either section 4, 4A or 5), the defendant will have committed an aggravated offence under section 31 of the Crime and Disorder Act 1988.

The aggravated offences are triable either-way (i.e. may be dealt with either in the magistrates’ court or the Crown Court) and carry a maximum sentence of two years’ imprisonment.

Legal disclaimer: Articles are intended as an introduction to the topic and do not constitute legal advice. The information contained herein is accurate at the date of publication but please note that the law is ever changing and evolving. If you require advice in relation to any matter raised in this article please contact a member of the team.