Intentional harassment, alarm or distress (s.4A)

s.4APublic Order Act 1986

Using threatening, abusive or insulting words or behaviour, or disorderly behaviour, intending to cause someone harassment, alarm or distress, and actually causing it.

Intentional harassment, alarm or distress (s.4A) · Public Order Act 1986, s.4ACard 43 / 85

Points to prove

With intent to cause a person harassment, alarm or distress
Used threatening, abusive or insulting words or behaviour, or disorderly behaviour; or displayed any writing, sign or other visible representation which is threatening, abusive or insulting
Thereby causing that or another person harassment, alarm or distress

Key definitions

Harassment, alarm or distress – not defined in the Act. They take their ordinary meaning.
Thereby causing – a person must actually be caused harassment, alarm or distress. It can be the intended target or someone else.
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.

Defences

The defendant must prove (on the balance of probabilities) either of these (s.4A(3)):

They were inside a dwelling and had no reason to believe their words, behaviour or display would be heard or seen by a person outside that or any other dwelling.
Their conduct was reasonable.

Good to know

Can be committed in a public or private place. But no offence if both the defendant and the person harassed, alarmed or distressed are inside a dwelling (the same one or another one) (s.4A(2)).
The key difference from s.5: s.4A needs intent and actual harassment, alarm or distress. Section 5 needs only a person likely to be caused it.
“Insulting” is still part of 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.4A (opens legislation.gov.uk in a new tab)
Mode of trial: Summary only
Maximum penalty: 6 months' imprisonment and/or an unlimited fine