What makes s.4A different from s.5 Public Order Act 1986?

Section 4A requires specific intent to cause harassment, alarm or distress and requires that harassment, alarm or distress is actually caused. Section 5 requires only that the defendant is aware their words or behaviour may be threatening, abusive or insulting (or may be disorderly), within the hearing or sight of a person likely to be caused harassment, alarm or distress — no intent or actual result is required for s.5.

Is there a racially or religiously aggravated version of s.4A?

Yes. Section 31 Crime and Disorder Act 1998 creates a separate, either-way offence where the s.4A conduct is racially or religiously aggravated, carrying a maximum of 2 years' imprisonment on indictment.

Intentional harassment, alarm or distress

The offence of intentional harassment, alarm or distress under s.4A Public Order Act 1986 — the statutory elements (points to prove) reproduced verbatim, mode of trial and maximum sentence, and the arrest power, for frontline officers.

Unofficial independent resource — always verify with official sources (College of Policing, your force, PFEW).

Reviewed by the BlueLineHub Editorial Team

Last reviewed: 28 August 2026 · Next review due: 28 February 2027

Reviewed by BlueLineHub Editorial

What are the points to prove for intentional harassment, alarm or distress under s.4A Public Order Act 1986?

Section 4A(1) requires: the defendant, with intent to cause a person harassment, alarm or distress, uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays threatening, abusive or insulting writing or a visible representation, and thereby actually causes that or another person harassment, alarm or distress.

It is triable summarily only — the maximum is 6 months' imprisonment and/or a fine not exceeding level 5 on the standard scale (s.4A(5)).

All offence cards

Intentional harassment, alarm or distress is defined by s.4A(1) Public Order Act 1986: with intent to cause a person harassment, alarm or distress, using threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displaying threatening, abusive or insulting writing, a sign or other visible representation, thereby causing that or another person harassment, alarm or distress. It is a result offence — harassment, alarm or distress must actually be caused, not merely likely. It is educational reference, not a charging decision — verify against current law, CPS charging guidance and force policy.

Offence

s.4A Public Order Act 1986

Mode of trial

Summary only

Maximum sentence

6 months' imprisonment and/or a fine not exceeding level 5 on the standard scale (s.4A(5)).

Points to prove — statutory elements

Reproduced verbatim from the Act as published on legislation.gov.uk. These are the statutory elements, not a paraphrase — confirm the up-to-date text and any amendments at the source.

s.4A — Intentional harassment, alarm or distress.the offence

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Read s.4A on legislation.gov.uk

Powers of arrest & search

Arrest without warrants.24

A constable may arrest without warrant anyone whom they have reasonable grounds to suspect of committing an offence under s.4A, where an arrest is necessary on one of the s.24(5) grounds (PACE 1984 s.24). There is no separate statutory power of arrest in the Public Order Act 1986 for this offence.

Code of Practice: PACE Code G — arrest →

CPS charging guidance

Verbatim extracts from the CPS charging guidance (Crown copyright, reproduced under the Open Government Licence v3.0). CPS revises this guidance — confirm against the live page and current law.

Section 4A - Intentional Harassment, Alarm or DistressCPS charging guidance

Triable summarily

Maximum: 26 weeks’ custody

See Table below for the elements of this offence.

Section 4A carries a higher maximum than section 5. It requires the intention to cause harassment, alarm or distress to a specific victim. This can usually be proved where there is evidence of specific, directed abuse.

However, it is important to remember that proving the defendant’s intent is not enough. There must also be evidence of somebody (which need not be the person targeted) suffering actual harassment, alarm or distress as a result. The evidence of this could come from that person themselves or it could come from another witness who can say that the person displayed signs of harassment, alarm or distress. As the effect on the victim is an essential element of the offence, prosecutors should not presume that it had that effect but should seek evidence which is capable of proving it.

Section 4A creates circumstances in which the type of language or behaviour which would otherwise fall under section 5 can be charged as a more serious offence.

However, prosecutors should have regard to the principles of charging which are that an offence should be selected which reflects the seriousness of the offence and gives the court sufficient sentence powers. This will not always mean that the most serious offence made out on the evidence should be charged. If all the elements of the offence of section 4A are made out, prosecutors should still consider whether a charge under section 5 will be adequate to reflect the seriousness of the offence and give the court sufficient sentencing powers.

Factors tending to indicate that a charge under section 4A is appropriate would include:

Sustained abuse

Targeting a lone victim

Significant effect on victim

Factors tending to indicate that a charge under section 5 is sufficient would include:

Single remark

Victim is not alone/isolated

Effect is minor/transitory

Prosecutors should also consider charging offences under sections 2 or 4 of the Protection from Harassment Act 1997 if the conduct complained of is consists of two or more occasions.

Refer to Stalking or Harassment, elsewhere in the Legal Guidance.

Read on cps.gov.uk

Public Order

Section 4A requires specific INTENT to cause harassment, alarm or distress — this is what distinguishes it from s.5, where mere awareness that the words or behaviour may be threatening, abusive or insulting is enough.
It is a result offence: someone (the target or another person present) must actually be caused harassment, alarm or distress, not merely be likely to be. Contrast s.4 (fear or provocation of violence) and s.5 (harassment, alarm or distress, no result required).
Section 4A retains the word 'insulting' in the offence wording — unlike s.5, where 'insulting' was removed by the Crime and Courts Act 2013 s.57 (in force 1 February 2014).
Section 4A(2) provides a dwelling exception, and s.4A(3) provides a defence where the conduct was reasonable, or the defendant was inside a dwelling and had no reason to believe the words, behaviour or display would be seen or heard by a person outside that or any other dwelling.
The level 5 standard-scale fine in s.4A(5) is current statutory text, and since s.85 Legal Aid, Sentencing and Punishment of Offenders Act 2012 the level 5 maximum is unlimited.
A racially or religiously aggravated version of this offence is a separate, either-way offence carrying up to 2 years' imprisonment, under s.31 Crime and Disorder Act 1998.

Frequently asked

Is intentional harassment, alarm or distress triable either way?: No — s.4A Public Order Act 1986 is triable summarily only. The maximum is 6 months' imprisonment and/or a fine not exceeding level 5 on the standard scale (s.4A(5)).
What makes s.4A different from s.5 Public Order Act 1986?: Section 4A requires specific intent to cause harassment, alarm or distress and requires that harassment, alarm or distress is actually caused. Section 5 requires only that the defendant is aware their words or behaviour may be threatening, abusive or insulting (or may be disorderly), within the hearing or sight of a person likely to be caused harassment, alarm or distress — no intent or actual result is required for s.5.
Is there a racially or religiously aggravated version of s.4A?: Yes. Section 31 Crime and Disorder Act 1998 creates a separate, either-way offence where the s.4A conduct is racially or religiously aggravated, carrying a maximum of 2 years' imprisonment on indictment.