All Acts
Public Order· 1986

POA 1986

Public Order Act 1986

Frames the spectrum of public order offences from riot through to harassment, alarm or distress — the daily currency of response policing on a Friday night.

Self-test

Sections

Section 4 — Fear or provocation of violence

Using threatening, abusive or insulting words/behaviour, or distributing such material, with intent to cause another to believe immediate unlawful violence will be used, or to provoke it.

Key points
  • Requires another person present likely to be caused to believe / provoked.
  • Defence — inside a dwelling, neither party expected to be heard/seen outside.
  • Either way offence.

Section 4A — Intentional harassment, alarm or distress

With intent to cause harassment, alarm or distress — uses threatening/abusive/insulting words or behaviour, or disorderly behaviour, thereby causing that or another person harassment, alarm or distress.

Key points
  • Intent required (vs s.5 which is no-intent equivalent).
  • A person must actually be caused HAD.
  • Summary only.

Section 5 — Harassment, alarm or distress

Threatening or abusive words/behaviour, or disorderly behaviour, within hearing or sight of a person likely to be caused harassment, alarm or distress.

Key points
  • No intent required — but officer must believe HAD likely.
  • 'Insulting' was removed in 2014.
  • Summary only — fine.