Disorderly Behaviour with Intent to Cause Harassment, Alarm or Distress (Section 4A Public Order Act 1986)

Disorderly Behaviour with Intent to Cause Harassment, Alarm or Distress is an offence under s.4A Public Order Act 1986. A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress (s.4A(1)). The offence 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 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 (s.4A(2)). It is a defence for the accused to prove that he was inside a dwelling and had no reason to believe that the words, behaviour or display would be heard or seen by a person outside that or any other dwelling, or that his conduct was reasonable (s.4A(3)). Maximum sentence: on summary conviction, imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both (s.4A(5)).

In practice

This is a summary-only offence: it must be tried at the magistrates' court. Police may charge without CPS authority for summary offences. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).