Diff: Public Order Act 1986

The '''Public Order Act 1986''' is a United Kingdom Act that created modern public-order offences 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 often used in street disorder, protests, threatening behaviour, fights, disorder around venues, and abusive public conduct. It does not cover every police public-order power. Some powers often discussed with it, such as section 60AA face-covering powers, come from the Criminal Justice and Public Order Act 1994 rather than the 1986 Act.

== 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. The common purpose can be inferred from conduct. Riot can be committed in public or private and is indictable only.

Riot is reserved for serious group disorder. It normally requires Director of Public Prosecutions consent before prosecution.

=== Section 2: Violent Disorder ===

Violent disorder requires three or more people present together using or threatening 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 commonly 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. Affray can be committed in public or private.

=== 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.

It 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 the person commits a section 4A offence and does so because of the relevant person's sex or presumed sex. It is an either-way offence with a maximum sentence on indictment of two years.

=== 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. It is lower-level than section 4A because intent and actual distress are not always required in the same way.

The word "insulting" was removed from section 5 in 2014.

== Public and Private Places ==

Some Public Order Act offences can be committed in private as well as public places. The more serious violence offences, including riot, violent disorder, and affray, are not limited to streets or public venues.

For sections 4, 4A, and 5, the Act contains exceptions involving people inside dwellings. The exact wording differs by section.

== Weapons and Public Order ==

Public-order offences are often charged alongside weapons offences. A street confrontation involving a knife, baton, smoke device, or other item may raise several separate questions:

* Was there threatening or abusive behaviour?

* Was anyone caused or likely to be caused harassment, alarm, or distress?

* Was unlawful violence used or threatened?

* Was a 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 make behaviour more alarming 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|criminal damage]] may be considered. If it is used to escape an immediate attack, that context matters, but it does not automatically decide every offence.

Example:

* A person being attacked uses a smoke device to create distance and escape. Police may still investigate public order or damage allegations, but the defensive context, the level of danger, the person's purpose, and the actual damage or alarm caused are all relevant.

== Protest and Processions ==

The Act also regulates 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, intimidation, and later statutory tests added by amendments.

Protest law changes often. The Crime and Policing Act 2026 introduced further amendments to protest-related provisions, some of which had future commencement dates as at 22 June 2026. Current commencement status should be checked for protest-specific issues.

== 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]]

* [https://www.legislation.gov.uk/ukpga/1986/64 Public Order Act 1986]

* [https://www.legislation.gov.uk/ukpga/1986/64/section/1 Public Order Act 1986, section 1]

* [https://www.legislation.gov.uk/ukpga/1986/64/section/2 Public Order Act 1986, section 2]

* [https://www.legislation.gov.uk/ukpga/1986/64/section/3 Public Order Act 1986, section 3]

* [https://www.legislation.gov.uk/ukpga/1986/64/section/4 Public Order Act 1986, section 4]

* [https://www.legislation.gov.uk/ukpga/1986/64/section/4A Public Order Act 1986, section 4A]

* [https://www.legislation.gov.uk/ukpga/1986/64/section/4B Public Order Act 1986, section 4B]

* [https://www.legislation.gov.uk/ukpga/1986/64/section/5 Public Order Act 1986, section 5]

* [https://www.cps.gov.uk/prosecution-guidance/public-order-offences-incorporating-charging-standard Crown Prosecution Service: Public order offences charging standard]

[[Category:Law]]

[[Category:Criminal law]]

[[Category:UK law]]