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Public order offences: riot, violent disorder, affray and sections 4, 4A and 5

Updated 2026-11-04 · Checked against sources 2026-11-04 · England & Wales

The Public Order Act 1986 creates riot (s.1, maximum 10 years), violent disorder (s.2, 5 years) and affray (s.3, 3 years), plus the summary offences under ss.4 and 4A (6 months) and s.5 (fine only). Racially or religiously aggravated ss.4 and 4A, and the sex-based s.4B offence, carry up to 2 years.

The offences

Mental element (s.6): the defendant must intend, or be aware, that the conduct may be violent (riot, violent disorder, affray) or threatening, abusive, insulting or disorderly (ss.4, 5). Self-induced intoxication is no excuse.

Defences

For ss.4A and 5 the defendant may prove the conduct was reasonable, or that they were inside a dwelling with no reason to think they would be heard or seen outside; for s.5, also that they had no reason to believe anyone likely to be distressed was nearby. Self-defence may apply (see Self-defence and reasonable force).

Aggravated and hatred offences

Racially or religiously aggravated ss.4 and 4A carry 2 years, and aggravated s.5 a higher fine (Crime and Disorder Act 1998 s.31; see Hate crime: racially or religiously aggravated offences and hostility at sentencing). Stirring up racial, religious or sexual orientation hatred (Parts 3 and 3A) needs the Attorney General's consent and carries up to 7 years.

Sentencing

Guideline ranges: riot 3 to 9 years; violent disorder community order to 4 years 6 months; affray community order to 2 years 9 months; s.4 discharge to 26 weeks.

Protest offences

Since 29 June 2026 it is an offence to conceal identity in a locality designated by a police inspector or above for a protest (Crime and Policing Act 2026 s.157, 1 month), to have a flare or other pyrotechnic at a protest (s.160, fine) or to climb on a specified memorial (s.161, 3 months). New emergency-worker offences (ss.146-147) are not yet in force.

In practice

Video footage and the exact words used are often decisive. Early advice matters.

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Authorities: Public Order Act 1986 ss.1-8, 4B, 27, 29L; Crime and Disorder Act 1998 s.31; Protection from Sex-based Harassment in Public Act 2023 s.1 (in force 1 April 2026, S.I. 2026/344); Crime and Policing Act 2026 ss.146-147 (not yet in force), ss.157-161 (in force 29 June 2026, S.I. 2026/689); I v DPP [2001] UKHL 10; Sentencing Council, Riot, Violent disorder, Affray and Threatening behaviour guidelines

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