Fear or provocation of violence (s.4)

s.4Public Order Act 1986

Using threatening, abusive or insulting words or behaviour towards another person, intending or likely to make them believe immediate unlawful violence will be used, or to provoke it.

Fear or provocation of violence (s.4) · Public Order Act 1986, s.4Card 42 / 85

Points to prove

Used towards another person threatening, abusive or insulting words or behaviour; or distributed or displayed to another person any writing, sign or other visible representation which is threatening, abusive or insulting
With intent to cause that person to believe that immediate unlawful violence will be used against them or another by any person; or to provoke the immediate use of unlawful violence by that person or another; or whereby that person is likely to believe such violence will be used, or it is likely that such violence will be provoked
Mental element (s.6(3))Intended the words, behaviour or display to be, or was aware that they may be, threatening, abusive or insulting

Key definitions

Violence – s.8: any violent conduct, including towards property. It need not cause injury or damage.
Immediate – does not mean instantaneous, but the violence must be close in time and likely to follow without any other intervening event (R v Horseferry Road Magistrates’ Court, ex p Siadatan 1991).
Towards another person – the words or behaviour must be directed at a person who is present and can see or hear them (Atkin v DPP 1989).
Dwelling – s.8: any structure or part of a structure occupied as a person’s home or other living accommodation, including a tent, caravan, vehicle or vessel.

Good to know

Can be committed in a public or private place. But no offence if both the defendant and the other person are inside a dwelling (the same one or another one) (s.4(2)).
“Insulting” is still part of s.4 (and s.4A). It was only removed from s.5.
A racially or religiously aggravated version exists under s.31 Crime and Disorder Act 1998.

Legislation: Public Order Act 1986, s.4 (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or an unlimited fine