Public order offences: riot, violent disorder, affray and sections 4, 4A and 5
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
- Riot (Public Order Act 1986 s.1): 12 or more people present together use or threaten unlawful violence for a common purpose, so that a person of reasonable firmness would fear for their safety; only those who use violence are guilty. Indictable only; maximum 10 years; DPP consent needed (s.7(1)).
- Violent disorder (s.2): 3 or more people present together use or threaten unlawful violence with that effect; no common purpose is needed. Either way; maximum 5 years.
- Affray (s.3): using or threatening unlawful violence towards another with that effect. Words alone cannot be a threat (s.3(3)), and the threat must be aimed at someone present (I v DPP [2001] UKHL 10). Either way; maximum 3 years.
- Fear or provocation of violence (s.4): threatening, abusive or insulting words or behaviour towards another, intended or likely to make them fear, or to provoke, immediate unlawful violence. Summary only; 6 months.
- Intentional harassment, alarm or distress (s.4A): threatening, abusive or insulting words or behaviour, or disorderly behaviour, intentionally causing harassment, alarm or distress. Summary only; 6 months. Since 1 April 2026, doing so because of the victim's sex is a separate either-way offence (s.4B), maximum 2 years.
- Harassment, alarm or distress (s.5): threatening or abusive words or behaviour, or disorderly behaviour, within hearing or sight of someone likely to be distressed. No intent to distress is needed. Summary only; fine only.
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.
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