Public Order Act 1986
1986 CHAPTER 64
An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to public order; to create new offences relating to public order; to control public processions and assemblies; to control the stirring up of racial hatred; to provide for the exclusion of certain offenders from sporting events; to create a new offence relating to the contamination of or interference with goods; to confer power to direct certain trespassers to leave land; to amend section 7 of the Conspiracy and Protection of Property Act 1875, section 1 of the Prevention of Crime Act 1953, Part V of the Criminal Justice (Scotland) Act 1980 and the Sporting Events (Control of Alcohol etc) Act 1985; to repeal certain obsolete or unnecessary enactments; and for connected purposes
[7th November 1986  ]
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:–
[4A Intentional harassment, alarm or distress]
[(1)   A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he—
	(a)	uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
	(b)	displays any writing, sign or other visible representation which is threatening, abusive or insulting,
thereby causing that or another person harassment, alarm or distress.
(2)   An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling.
(3)   It is a defence for the accused to prove—
	(a)	that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
	(b)	that his conduct was reasonable.
(4)   A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
(5)   A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.]
NOTES
Amendment
	Inserted by the Criminal Justice and Public Order Act 1994, s 154.
5 Harassment, alarm or distress
(1)   A person is guilty of an offence if he—
	(a)	uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
	(b)	displays any writing, sign or other visible representation which is threatening, abusive or insulting,
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2)   An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(3)   It is a defence for the accused to prove—
	(a)	that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
	(b)	that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
	(c)	that his conduct was reasonable.
(4)   A constable may arrest a person without warrant if—
	(a)	he engages in offensive conduct which [a] constable warns him to stop, and
	(b)	he engages in further offensive conduct immediately or shortly after the warning.
(5)   In subsection (4) “offensive conduct” means conduct the constable reasonably suspects to constitute an offence under this section, and the conduct mentioned in paragraph (a) and the further conduct need not be of the same nature.
(6)   A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
NOTES
Initial Commencement
	To be appointed To be appointed: see s 41(1).
Appointment
	Appointment: 1 April 1987: see SI 1987/198, art 2, Schedule.
Amendment
	Sub-s (4): word in square brackets in para (a) substituted by the Public Order (Amendment) Act 1996, s 1.
6 Mental element: miscellaneous
(1)   A person is guilty of riot only if he intends to use violence or is aware that his conduct may be violent.
(2)   A person is guilty of violent disorder or affray only if he intends to use or threaten violence or is aware that his conduct may be violent or threaten violence.
(3)   A person is guilty of an offence under section 4 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting.
(4)   A person is guilty of an offence under section 5 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting or (as the case may be) he intends his behaviour to be or is aware that it may be disorderly.
(5)   For the purposes of this section a person whose awareness is impaired by intoxication shall be taken to be aware of that of which he would be aware if not intoxicated, unless he shows either that his intoxication was not self-induced or that it was caused solely by the taking or administration of a substance in the course of medical treatment.
(6)   In subsection (5) “intoxication” means any intoxication, whether caused by drink, drugs or other means, or by a combination of means.
(7)   Subsections (1) and (2) do not affect the determination for the purposes of riot or violent disorder of the number of persons who use or threaten violence.
NOTES
Initial Commencement
	To be appointed To be appointed: see s 41(1).
Appointment
	Appointment: 1 April 1987: see SI 1987/198, art 2, Schedule.
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