The Public Order Act 1986 is a United Kingdom Act that created modern public-order offences for England and Wales, including riot, violent disorder, affray, fear or provocation of violence, intentional harassment, alarm or distress, and harassment, alarm or distress. It also contains powers and rules concerning public processions, assemblies and hatred offences.
The Act is commonly relevant to street disorder, protests, threatening behaviour, fights, disorder around venues and abusive public conduct. It does not contain every police public-order power. For example, section 60AA face-covering powers are in the Criminal Justice and Public Order Act 1994.
Main Offences
Part I contains the best-known public-order offences.
Section 1: Riot
Riot requires 12 or more people present together who use or threaten unlawful violence for a common purpose, with conduct that would cause a person of reasonable firmness present at the scene to fear for their personal safety. Riot can be committed in public or private and is indictable only.
The Crown Prosecution Service treats riot as a charge for the most serious outbreaks of disorder.
Section 2: Violent Disorder
Violent disorder requires three or more people present together who use or threaten unlawful violence, with the combined conduct being such as would cause a person of reasonable firmness to fear for their personal safety. It can be committed in public or private.
This offence is often considered where group violence falls short of riot.
Section 3: Affray
Affray can be committed by one person. It requires use or threat of unlawful violence towards another, with conduct such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.
A threat cannot be made by words alone for affray. There must be violent conduct or a threat shown by more than words.
Section 4: Fear or Provocation of Violence
Section 4 covers threatening, abusive or insulting words or behaviour, or displays, where the conduct is intended or likely to make someone believe immediate unlawful violence will be used, or to provoke immediate unlawful violence.
This is a summary offence and can be committed in public or private, subject to the dwelling exception in the Act.
Section 4A: Intentional Harassment, Alarm or Distress
Section 4A applies where a person intends to cause harassment, alarm or distress and uses threatening, abusive or insulting words or behaviour, disorderly behaviour, or displays threatening, abusive or insulting material, causing harassment, alarm or distress.
Actual harassment, alarm or distress must be caused.
Section 4B: Sex-Based Harassment
Section 4B was inserted by the Protection from Sex-based Harassment in Public Act 2023 and came into force on 1 April 2026. It applies where a person commits a section 4A offence and does so because of the relevant person's sex or presumed sex.
The offence is either way and has a higher maximum sentence than section 4A.
Section 5: Harassment, Alarm or Distress
Section 5 covers threatening or abusive words or behaviour, disorderly behaviour, or threatening or abusive displays within the hearing or sight of a person likely to be caused harassment, alarm or distress.
The word "insulting" was removed from section 5 in 2014, so old summaries that include it for section 5 are out of date.
Public and Private Places
The serious violence offences, including riot, violent disorder and affray, are not limited to streets or public venues. They can be committed in public or private.
For sections 4, 4A and 5, the Act contains exceptions involving people inside dwellings. The exact wording differs by section.
Processions and Assemblies
Part II deals with public processions and assemblies. Police may impose conditions in defined circumstances, including serious public disorder, serious damage to property, serious disruption to the life of the community or intimidation.
These powers are frequently discussed in protest policing. Their use depends on the statutory tests and on compatibility with rights to freedom of expression and assembly.
Weapons and Public Order
Public-order allegations are often considered alongside weapons offences. A street confrontation involving a knife, baton, smoke device or other item may raise separate questions:
- Was threatening or abusive behaviour used?
- Was anyone caused or likely to be caused harassment, alarm or distress?
- Was unlawful violence used or threatened?
- Was any weapon or bladed article possessed without lawful authority, good reason or reasonable excuse?
- Was any force used defensively and, if so, was it reasonable?
The presence of a weapon does not automatically prove a Public Order Act offence, but it can affect how threatening the conduct appears and may support other charges.
Smoke Devices and Similar Items
Setting off a smoke device in public can be considered under several headings. If it frightens people, blocks visibility, disrupts traffic or is used during disorder, public-order allegations may be considered. If residue stains or damages property, criminal damage may be considered.
If a smoke device is used to escape an immediate attack, that context matters. It does not automatically decide every offence, but it is relevant to purpose, necessity, risk and the public interest in a prosecution.
Practical Examples
Street Fight
Two people fight in a street. Depending on the facts, possible offences may include assault, affray, section 4 public order or section 5 public order. If more people join in, violent disorder may become relevant.
Threatening Words Alone
Threatening words alone may support section 4 or section 4A, but they cannot by themselves amount to affray because section 3 says a threat cannot be made by words alone.
Group Attack
Three people surround and kick a victim on the ground. Violent disorder may be considered, alongside assault or more serious violence charges. The victim's defensive response would be assessed separately under reasonable force.
Annoying but Not Threatening Behaviour
Rude or unpleasant behaviour is not automatically a public-order offence. The statutory words, the location, the audience, the likelihood or reality of harassment, alarm or distress, and any reasonable-conduct defence all matter.
See Also
- Reasonable force
- Self-defence in English law
- Offensive weapon
- Criminal damage
- Police and Criminal Evidence Act 1984
References
- Public Order Act 1986
- Public Order Act 1986, section 1
- Public Order Act 1986, section 2
- Public Order Act 1986, section 3
- Public Order Act 1986, section 4
- Public Order Act 1986, section 4A
- Protection from Sex-based Harassment in Public Act 2023
- Protection from Sex-based Harassment in Public Act 2023 (Commencement) Regulations 2026
- Crown Prosecution Service: Public order offences charging standard
- GOV.UK: section 4B statutory guidance for police
Discussion log
Use comments for sourcing notes, corrections, and disputed details.
No comments yet.