Public order offences (sections 4, 4A and 5)
Sections 4, 4A and 5 of the Public Order Act 1986 cover threatening, abusive or disorderly words or behaviour. Section 4 involves fear or provocation of violence, section 4A intentionally causing harassment, alarm or distress, and section 5 behaviour likely to cause it.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Threatening behaviour, Section 4 public order, Section 4A public order, Section 5 public order, Intentional harassment, alarm or distress, Harassment, alarm or distress |
|---|---|
| The law | Public Order Act 1986, section 4 |
| Where it is tried | sections 4, 4A and 5 are all summary only and tried in the magistrates' court. The racially or religiously aggravated versions of sections 4 and 4A are either way. |
| Maximum penalty | Section 4: 6 months' imprisonment and/or an unlimited fine. Section 4A: 6 months' imprisonment and/or an unlimited fine. Section 5: a fine of up to £1,000 (level 3); it is not imprisonable. Racially or religiously aggravated versions: 2 years for sections 4 and 4A, and a fine of up to £2,500 (level 4) for section 5. |
| Sentencing guideline | Threatening behaviour - fear or provocation of violence/ Racially or religiously aggravated threatening behaviour |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- Section 4: threatening, abusive or insulting words or behaviour (or a sign or display) towards another person, intended or likely to make them believe immediate unlawful violence will be used, or to provoke it.
- Section 4A: threatening, abusive or insulting words or behaviour, or disorderly behaviour, with intent to cause harassment, alarm or distress, and actually causing it to that or another person.
- Section 5: threatening or abusive words or behaviour, or disorderly behaviour, within the hearing or sight of a person likely to be caused harassment, alarm or distress.
- The defendant intended their words or behaviour to be threatening, abusive, insulting or disorderly, or was aware that they might be (s.6).
- None of the offences applies where the words or behaviour are used inside a dwelling and the other person is also inside that or another dwelling.
Defences and common issues
- Reasonable conduct: it is a defence to sections 4A and 5 to prove your conduct was reasonable.
- Section 5: you had no reason to believe anyone within hearing or sight was likely to be caused harassment, alarm or distress.
- Dwelling defence (sections 4A and 5): you were inside a dwelling and had no reason to believe the words or behaviour would be heard or seen by someone outside.
- Freedom of expression under Article 10 of the European Convention on Human Rights: offensive or unwelcome speech, including at protests, is not automatically criminal, and a conviction must be a proportionate restriction.
Frequently asked questions
Is swearing in public a criminal offence?
Not automatically. Swearing can amount to a section 5 offence only if the words are threatening or abusive, or the behaviour is disorderly, and it happens within the hearing or sight of someone likely to be caused harassment, alarm or distress. Courts have accepted that police officers hear bad language regularly and are less likely to be distressed by it. Context matters, such as who was present, how loud it was and whether children were nearby. Section 5 carries a fine, not prison.
What is the difference between sections 4, 4A and 5?
They form a ladder of seriousness. Section 5 is the lowest: threatening, abusive or disorderly conduct likely to cause harassment, alarm or distress, with no need to prove intent or that anyone was actually distressed, and a fine only. Section 4A requires intent to cause harassment, alarm or distress and that someone was actually caused it. Section 4 involves threatening, abusive or insulting conduct intended or likely to cause fear of immediate violence or provoke it. Sections 4 and 4A carry up to 6 months' imprisonment.
Can insulting words be a public order offence?
Insulting words can still be an offence under sections 4 and 4A, but not under section 5. Parliament removed 'insulting' from section 5 in 2014, so the lowest-level offence now only covers threatening or abusive words or behaviour, or disorderly behaviour. For section 4A, the prosecution must also prove you intended to cause harassment, alarm or distress and that someone actually suffered it. Courts must also consider the right to freedom of expression.
Can you commit a public order offence in your own home?
Sections 4, 4A and 5 do not apply where the words or behaviour are used inside a dwelling and the person affected is also inside that dwelling or another dwelling. They can apply if you are inside your home and the person affected is outside, for example shouting threats from a window at someone in the street, subject to specific defences. Other offences, such as harassment, assault or controlling or coercive behaviour, may apply to conduct entirely inside a home.
Are there tougher versions if the behaviour is racist?
Yes. Under section 31 of the Crime and Disorder Act 1998, the offences under sections 4, 4A and 5 can be charged as racially or religiously aggravated. This raises the maximum to 2 years' imprisonment for sections 4 and 4A, and a fine of up to £2,500 for section 5. The Crime and Policing Act 2026 will extend aggravated offences to other hostility, including disability, sexual orientation, transgender identity and sex, but at the time of writing that change is not in force.
Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
- Public Order Act 1986, section 4A
- Public Order Act 1986, section 5
- Sentencing Council: Disorderly behaviour with intent to cause harassment, alarm or distress
- Sentencing Council: Disorderly behaviour/ Racially or religiously aggravated disorderly behaviour
- CPS: Public Order Offences incorporating the Charging Standard
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