Using words or behaviour to stir up racial hatred

s.18Public Order Act 1986

Using threatening, abusive or insulting words or behaviour, or displaying such written material, intending to stir up racial hatred or where racial hatred is likely to be stirred up.

Using words or behaviour to stir up racial hatred · Public Order Act 1986, s.18Card 69 / 195

Points to prove

Used threatening, abusive or insulting words or behaviour, or displayed written material which was threatening, abusive or insulting
s.18(1)(a)Intended to stir up racial hatred
s.18(1)(b)Or, having regard to all the circumstances, racial hatred was likely to be stirred up
s.18(5)If intent is not proved, intended the words, behaviour or material to be, or was aware they might be, threatening, abusive or insulting

Key definitions

Racial hatred – s.17: hatred against a group of persons defined by colour, race, nationality (including citizenship) or ethnic or national origins.
Stir up – to arouse or increase hatred in other people. Causing offence, or showing the speaker’s own prejudice, is not enough on its own.
Written material – s.29: includes any sign or other visible representation.
Place – s.18(2): public or private. No offence is committed where the words or material are used inside a dwelling and are heard or seen only by people in that or another dwelling.

Defences

Inside a dwelling – s.18(4): the defendant proves they were inside a dwelling and had no reason to believe the words, behaviour or material would be heard or seen by anyone outside that or any other dwelling.

Good to know

No prosecution without the consent of the Attorney General (s.27(1)).
Related offences in Part 3 cover publishing or distributing material (s.19), plays (s.20), recordings (s.21), broadcasts (s.22) and possessing inflammatory material (s.23). The arrest power once found in s.18(3) was repealed in 2006; the general PACE power applies.
Stirring up religious hatred or hatred on grounds of sexual orientation is a separate offence (s.29B). It needs threatening words and intent; abusive or insulting is not enough.
Applies in England and Wales. Sections 18 to 21 were repealed for Scotland in 2024.

Legislation: Public Order Act 1986, s.18 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 7 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Using words or behaviour to stir up racial hatred: questions people ask

What are the points to prove for using words or behaviour to stir up racial hatred?

1. Used threatening, abusive or insulting words or behaviour, or displayed written material which was threatening, abusive or insulting 2. Intended to stir up racial hatred 3. Or, having regard to all the circumstances, racial hatred was likely to be stirred up 4. If intent is not proved, intended the words, behaviour or material to be, or was aware they might be, threatening, abusive or insulting

What is the maximum sentence for using words or behaviour to stir up racial hatred?

7 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is using words or behaviour to stir up racial hatred a summary, either-way or indictable offence?

Using words or behaviour to stir up racial hatred is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is using words or behaviour to stir up racial hatred?

Using words or behaviour to stir up racial hatred is an offence under the Public Order Act 1986, s.18.

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