Using Threatening or Abusive Words or Behaviour Causing Harassment, Alarm or Distress (Section 4A Public Order Act 1986)

Using Threatening or Abusive Words or Behaviour Causing 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)). 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)). The offence under s.4A is distinct from s.5 Public Order Act 1986, which requires no intent, is made out where threatening or abusive words or behaviour, or disorderly behaviour, are used within the hearing or sight of a person likely to be caused harassment, alarm or distress, and carries only a fine not exceeding level 3 on the standard scale (s.5(1) and (6)). 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. Officers must consider whether the behaviour was witnessed by a person likely to be caused harassment, alarm or distress. Body-worn video is often the primary evidence. Consider whether the conduct was racially or religiously aggravated (s.28-32 CDA 1998). If aggravated, the offence becomes triable either way with a higher maximum sentence. 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).