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Topic revision

Public Order
Offences

Public order is a small topic with a lot of numbers, and most wrong answers come from mixing up who is counted, who is guilty and what the penalty is. This page sets out Public Order Act 1986 ss.1 to 5 in plain English, checked against legislation.gov.uk on 4 October 2026, with breach of the peace, public nuisance and the conditions on processions and assemblies, then the traps and worked practice questions.

Independent information, not advice · Sources checked 4 October 2026 · England and Wales unless stated

Short answer: what do you need to know on public order for the sergeants exam?

Know the ladder: riot (12 or more, common purpose, only those using violence guilty, 10 years, DPP consent), violent disorder (three or more, 5 years), affray (one is enough, words alone are not a threat, 3 years), then s.4, s.4A and s.5. Know that 'insulting' left s.5 on 1 February 2014 but stays in ss.4 and 4A, that s.5 is a level 3 fine only, that the dwelling exception applies to ss.4, 4A and 5, and that breach of the peace is not an offence. Add the statutory public nuisance offence and who gives directions on processions and assemblies.

Public order offences at a glance

The exam tests only the law as it appears in the Blackstone's Police Manuals edition for the sitting. This page is a revision aid built on the statutes and on Blackstone's 2026 chapters 3.9 and 3.8; it does not replace the Manuals. For the format and dates of the exam, see the sergeant exam explained. Statute wording and penalties below were read on legislation.gov.uk on 4 October 2026.

The offences in one table
OffenceCore requirementMaximum penaltyMode of trial
Riot (s.1)12 or more present together, common purpose; only those using violence guilty10 years on indictment, or fine, or bothDPP consent (s.7(1))
Violent disorder (s.2)3 or more present together; no common purpose needed; use or threaten violence5 years on indictment; 6 months summaryEither way
Affray (s.3)1 or more; violence used or threatened towards another; words alone are not a threat3 years on indictment; 6 months summaryEither way
Fear or provocation of violence (s.4)Threatening, abusive or insulting words or behaviour, with intent to cause belief in, or provoke, immediate unlawful violence (or likely to)6 months or level 5 fine or bothSummary only
Intentional harassment, alarm or distress (s.4A)Threatening, abusive or insulting words or behaviour, or disorderly behaviour, with intent, thereby causing someone harassment, alarm or distress6 months or level 5 fine or bothSummary only
Harassment, alarm or distress (s.5)Threatening or abusive (not insulting) words or behaviour, or disorderly behaviour, within hearing or sight of a person likely to be caused harassment, alarm or distressFine not exceeding level 3Summary only; no imprisonment
Public nuisance (PCSC Act 2022 s.78)Act or omission creating a risk of or causing serious harm, or obstructing a public right; intent or recklessness10 years on indictment; general limit summaryEither way; common law offence abolished
How much of the exam is public order?

The College gives no weighting for any topic. In the March 2026 sergeants' subject area breakdown we counted five rows under the skill 'Public order offences' (affray, breach of the peace, fear or provocation of violence, harassment alarm or distress, and violent disorder) and one 'Locking on' row under 'Processions and assemblies', out of 140. That is a count for that sitting only; the College says the breakdown should not be used to predict future papers, and riot, s.4A and public nuisance did not have a row that time.

The offence ladder: numbers, intent and place

Learn these as a ladder, with the number of people and the harm needed falling as you move down. Ask the same questions every time: how many people, who must be using violence, is a common purpose needed, and where can it happen.

Public Order Act 1986 ss.1 to 5 compared
OffencePeople neededCommon purposeConduct neededPlaceMaximum
Riot12+Yes, shared and can be inferred from conductUsing unlawful violence (threats count towards the 12)Anywhere, public or private10 years
Violent disorder3+NoUsing or threatening violenceAnywhere, public or private5 years
Affray1+NoUsing or threatening violence (not words alone) towards anotherAnywhere, public or private3 years
s.41 person, plus a targetNoWords, behaviour, writing or signs, with the intent or likely effect in s.4(1)Public or private, with the dwelling exception6 months
s.4A1 person, plus someone harassedNoWords, behaviour, writing or signs, with intent to cause HAD, and HAD actually causedPublic or private, with the dwelling exception6 months
s.51 person; someone likely to be affectedNoThreatening or abusive words or behaviour, or disorderly behaviour, or such a displayPublic or private, with the dwelling exceptionLevel 3 fine

Sections 1 to 3 are tested against a hypothetical 'person of reasonable firmness' who need not be present (ss.1(4), 2(3) and 3(4)), and can be committed in private as well as in public (ss.1(5), 2(4) and 3(5)). Under s.8 'violence' means any violent conduct, including violent conduct towards property (except in the context of affray), and it is not limited to conduct causing or intended to cause injury or damage, so throwing a missile that falls short still counts.

Section 7(2) says each of ss.1 to 5 creates one offence for the rules on duplicity. Section 7(3) lets a jury that acquits of violent disorder or affray convict of s.4 instead.

Riot, violent disorder and affray in plain English

Riot (s.1)

Twelve or more people present together use or threaten unlawful violence for a common purpose, and their conduct taken together would cause a person of reasonable firmness present at the scene to fear for their personal safety. The key wording is that 'each of the persons using unlawful violence for the common purpose' is guilty. People who only threaten violence count towards the 12 but are not themselves guilty of riot. It is immaterial whether the violence is simultaneous (s.1(2)), and the common purpose may be inferred from conduct (s.1(3)). The maximum is 10 years on indictment, or a fine, or both. The mens rea (s.6(1)) is that the defendant intends to use violence or is aware that their conduct may be violent. A prosecution for riot, or incitement to riot, needs the consent of the DPP (s.7(1)).

Violent disorder (s.2)

The same structure with three or more people present together. There is no common purpose requirement, and every person who uses or threatens unlawful violence is guilty, not just those using it. It is triable either way: 5 years or a fine or both on indictment, 6 months or a fine up to the statutory maximum or both summarily. Again it is immaterial whether the violence is simultaneous (s.2(2)).

Affray (s.3)

A person uses or threatens unlawful violence towards another and their conduct is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety. One person is enough. Where two or more people use or threaten violence, it is their conduct taken together that is considered (s.3(2)). The headline trap is s.3(3): a threat cannot be made by the use of words alone. Maximum: 3 years on indictment, 6 months summarily.

The classic comparison

Riot: 12, common purpose, only those using violence guilty. Violent disorder: three, no common purpose, those using or threatening violence guilty. Affray: one, violence used or threatened towards another, words alone not enough. Examiners like to change one of these facts and ask which offence remains.

Sections 4, 4A and 5: the words and behaviour offences

Section 4: fear or provocation of violence

A person uses towards another person threatening, abusive or insulting words or behaviour, or distributes or displays to another person any threatening, abusive or insulting writing, sign or visible representation, with intent to cause that person to believe that immediate unlawful violence will be used against them or another, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked. Note the word 'immediate' and that it is directed towards another person. Summary only: 6 months, level 5 fine, or both.

Section 4A: intentional harassment, alarm or distress

With intent to cause a person harassment, alarm or distress, the defendant uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays a threatening, abusive or insulting writing, sign or visible representation, thereby causing that or another person harassment, alarm or distress. It needs actual harassment, alarm or distress, not merely the likelihood of it. Two statutory defences, both for the accused to prove: that they were inside a dwelling and had no reason to believe the words, behaviour or display would be heard or seen by a person outside that or any other dwelling, or that their conduct was reasonable. Summary only: 6 months, level 5 fine, or both.

Section 5: harassment, alarm or distress

A person uses threatening or abusive words or behaviour, or disorderly behaviour, or displays a threatening or abusive writing, sign or visible representation, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby. No intent to cause harassment, alarm or distress is needed, and the person need only be 'likely' to be caused it. There are three defences for the accused to prove: no reason to believe there was any person within hearing or sight likely to be caused harassment, alarm or distress; inside a dwelling with no reason to believe the conduct would be heard or seen outside; or that the conduct was reasonable. The penalty is a fine not exceeding level 3, with no imprisonment.

s.4A and s.5 compared
Points.4As.5
Intent to cause harassment, alarm or distressRequiredNot required
Must harassment, alarm or distress actually be causedYes, to that or another personNo, a person within sight or hearing must be likely to be caused it
'Insulting' words or behaviourStill includedRemoved on 1 February 2014
Disorderly behaviourIncludedIncluded
Defence of no reason to believe anyone likely to be affectedNot availableAvailable (s.5(3)(a))
Defence of reasonable conductAvailableAvailable
Maximum penalty6 months or level 5 fine or bothLevel 3 fine

Was 'insulting' removed from section 5?

Yes. Section 57 of the Crime and Courts Act 2013 removed the words 'or insulting' from s.5(1) and s.6(4) of the Public Order Act 1986, with effect from 1 February 2014. The amendment note on s.5 on legislation.gov.uk records it as a substitution of words by S.I. 2013/2981. On 4 October 2026 the page for s.5 showed no later amendments and said there were no known outstanding effects on that section. Sections 4 and 4A were not amended and still include 'insulting'.

So the safe memory aid is: s.4 and s.4A, threatening, abusive or insulting; s.5, threatening or abusive. Disorderly behaviour is in s.4A and s.5 but not in s.4. Be wary of older revision notes and older question banks, which describe s.5 as covering insulting words or behaviour.

Check the edition

The exam examines the law as it appears in the Manuals edition for the sitting. Any revision material dated before February 2014 will be wrong on this point, and so will some later material that copies it.

Mens rea: section 6

Section 6 of the Act sets the mental element for most of the offences. It also provides that a person whose awareness is impaired by intoxication is taken to be aware of what they would be aware of if not intoxicated, unless the intoxication was not self-induced or was caused solely by medical treatment, which it is for the defendant to show (s.6(5)). Intoxication includes drink, drugs or other means (s.6(6)).

The mental element for each offence
OffenceSourceWhat must be proved
Riots.6(1)Intends to use violence or is aware that their conduct may be violent
Violent disorders.6(2)Intends to use or threaten violence, or is aware that their conduct may be violent or threaten violence
Affrays.6(2)Same as violent disorder
s.4s.6(3)Intends the words, behaviour, writing, sign or representation to be threatening, abusive or insulting, or is aware it may be. The intent to cause belief in or provoke immediate violence (or the 'likely' alternative) is in s.4(1) itself
s.4As.4A(1)Intent to cause a person harassment, alarm or distress. No s.6 mens rea provision; the intent is in the section
s.5s.6(4)Intends the words, behaviour or display to be threatening or abusive, or is aware it may be, or intends the behaviour to be disorderly or is aware it may be

Section 6(7) adds that the mens rea requirements in s.6(1) and (2) do not affect the count of the persons who use or threaten violence for riot or violent disorder. This matters because the 12 and the three are judged by conduct, not by each person's state of mind. For the general ideas of intent and recklessness see Blackstone's chapter 1.1 (Mens Rea).

The dwelling exception

Sections 4, 4A and 5 can be committed in a public or a private place, except that no offence is committed where the words or behaviour, or the writing, sign or visible representation, are used or displayed by a person inside a dwelling and the other person is also inside that or another dwelling. Under s.8 'dwelling' means any structure or part of a structure occupied as a person's home or other living accommodation, whether separate or shared, but not any part not so occupied, and 'structure' includes a tent, caravan, vehicle, vessel or other temporary or movable structure.

  • Both people must be inside dwellings. If the target is on the street or in a garden, the exception does not apply.
  • On the wording of the section, two neighbours inside their own flats shouting across a courtyard are both inside dwellings, so the exception applies.
  • The exception is separate from the defences in ss.4A(3) and 5(3), which the accused must prove.
  • Sections 1 to 3 are not subject to the dwelling exception: they can be committed in private places.

Racially or religiously aggravated public order offences

Section 31 of the Crime and Disorder Act 1998 creates aggravated versions of ss.4, 4A and 5 where the offence is racially or religiously aggravated. The penalties are higher: for aggravated s.4 and s.4A, 6 months or a fine up to the statutory maximum or both summarily, or 2 years or a fine or both on indictment (s.31(4)); for aggravated s.5, a fine up to level 4 (s.31(5)). For the aggravated s.5 offence the person likely to be caused harassment, alarm or distress is treated as the victim when deciding whether the hostility test is met (s.31(7)).

Section 145 of the Crime and Policing Act 2026 will amend this. Subsection (6) replaces 'racially or religiously aggravated' in s.31(1) and the cross-reference in s.31(7) with 'aggravated' as newly defined in a substituted s.28, which widens the hostility grounds to include disability, sexual orientation and transgender identity (and sex, for s.31(1)(a) and (c)). On 4 October 2026 legislation.gov.uk showed s.145 as prospective, with no commencement date appointed, so the text above is the law in force that day. Check the Manuals edition and any College notice for your sitting. The ss.1 to 3 offences have no aggravated version in the Act; hostility is then dealt with at sentencing.

Breach of the peace (common law)

Breach of the peace is not itself a criminal offence in England and Wales. It is dealt with under common law powers: to arrest, and in other ways to act to prevent or stop it, and by binding over. The definition examined is that from R v Howell [1982] QB 416, reflected in the verified bank question below: harm actually done or likely to be done to a person, or to their property in their presence, or a person in fear of such harm. Offensive language, rudeness or mere annoyance without an element of violence or threatened violence is not enough.

The March 2026 sergeants' breakdown included a breach of the peace row, so it is a topic that has appeared. Learn the definition and the point that it is not an offence. The best-known House of Lords case on breach of the peace and imminence is R (Laporte) v Chief Constable of Gloucestershire [2006] UKHL 55; read it in Blackstone's chapter 3.9.2. We could not open the judgment from our reading environment, so we do not state its holding here.

Public nuisance: the statutory offence

Section 78 of the Police, Crime, Sentencing and Courts Act 2022 (in force from 28 June 2022) created a statutory offence of intentionally or recklessly causing public nuisance and abolished the common law offence (s.78(6)). A person commits it if they do an act, or omit to do an act they are required to do by an enactment or rule of law, and that act or omission creates a risk of, or causes, serious harm to the public or a section of the public, or obstructs the public or a section of the public in the exercise or enjoyment of a right that may be exercised or enjoyed by the public at large, and the person intends that consequence or is reckless as to it.

Section 78 in brief
ElementDetail
Serious harm (s.78(2))Death, personal injury or disease; loss of or damage to property; or serious distress, serious annoyance, serious inconvenience or serious loss of amenity
FaultIntends the consequence, or is reckless as to whether it will occur
DefenceReasonable excuse for the act or omission, which the accused must prove (s.78(3))
Maximum10 years on indictment, a fine or both; summarily, the general limit in a magistrates' court (12 months under Sentencing Act 2020 s.224) or a fine or both
TimingDoes not apply to acts or omissions before commencement, or that began before and continued after (s.78(7))

Because it is either way, with a statutory 10-year maximum, it is easy to confuse with the old common law offence, which was not defined by statute. Be careful with older notes.

Conditions on processions and assemblies: ss.11 to 14 briefly

Public Order Act 1986 Part II in outline
PowerWhat it isOffences and penalties
Advance notice (s.11)Written notice of a public procession to demonstrate support or opposition, publicise a cause or mark an event, unless not reasonably practicable. Date, time, route, organiser's name and address. 6 clear days; by hand or recorded deliveryOrganisers guilty if notice not given or date, time or route differs; defence of not knowing or suspecting; level 3 fine. Customary processions and funeral director funerals are excluded
Conditions on processions (s.12)A senior police officer who reasonably believes serious public disorder, serious damage, serious disruption to the life of the community, noise triggers, intimidation (or, since 29 June 2026, intimidation near a place of worship) may impose conditionsOrganisers and participants commit offences if they fail to comply knowing or ought to know of the condition; defence of circumstances beyond control. Organiser or inciter: 51 weeks or level 4, but 51 weeks is read as 6 months until Criminal Justice Act 2003 s.281(5) is in force (s.12(10A)). Participant: level 4
Prohibiting processions (s.13)Chief officer applies to the council; order up to 3 months with the Secretary of State's consent. In London the Commissioner makes it, with consentOrganiser who knows it is prohibited: 3 months or level 4. Participant: level 3. Inciter: 3 months or level 4
Conditions on assemblies (s.14)Same triggers as s.12 for a public assembly (two or more persons in England and Wales; s.16)Same structure as s.12, including 51 weeks (read as 6 months for now, s.14(10A)) or level 4 for an organiser; level 4 for a participant
Trespassory assemblies (s.14A)Chief officer applies to the council; assembly means 20 or more persons here (s.14A(9))See chapter 3.8.4 for the penalties; not examined in detail on this page

Three things to hold on to. First, who gives the direction: for an event being held, the most senior officer present at the scene or, in England and Wales since 29 June 2026, an officer authorised by the chief officer; for an event that is intended to be held (nobody assembling yet), the chief officer, in writing (ss.12(2), 12(3), 14(2) and 14(3)). Second, what triggers conditions: serious public disorder, serious damage to property, serious disruption to the life of the community, noise triggers, intimidation and, in England and Wales since 29 June 2026, intimidation in the vicinity of a place of worship. Third, the offence for failing to comply requires, in England and Wales, that the person knew or ought to have known of the condition (s.12(5A) and s.14(5A)).

What changed in June 2026

The Crime and Policing Act 2026 amended these sections from 29 June 2026: cumulative disruption from other processions and assemblies in the same area must be taken into account (ss.12(2BA) to (2BC) and 14(2BA) to (2BC)); the place of worship ground was added; and officers authorised by the chief officer can act as the senior police officer for an event being held. The s.16 definition of a public assembly was also widened to include railway places within s.31(1)(a) to (f) of the Railways and Transport Safety Act 2003, such as stations, even if not open to the air. If your sitting uses an earlier Manuals edition, check which of these it covers.

Locking on and the other Public Order Act 2023 offences sit in Blackstone's chapter 3.8 and are not covered here beyond the fact that one 'Locking on' row appeared in the March 2026 breakdown. Article 10 and 11 questions are covered in our use of force and human rights page.

The traps

Where marks are lost on this topic
TrapThe correct position
Number of peopleRiot is 12 or more; violent disorder three or more; affray one or more. Threats count towards the 12 and the three
'Present together'Riot and violent disorder require the people to be present together; the violence need not be simultaneous (ss.1(2) and 2(2))
Who is guilty of riotOnly each person using unlawful violence for the common purpose, not those who only threaten it (s.1(1))
Common purposeNeeded for riot (and can be inferred), not for violent disorder or affray
Who must be presentNo person of reasonable firmness need actually be, or be likely to be, present (ss.1(4), 2(3), 3(4)). The test is hypothetical
Words aloneA threat for affray cannot be made by words alone (s.3(3)). That limit is not in s.4
Mens reaSection 6 differs by offence; s.4A needs intent to cause harassment, alarm or distress; self-induced intoxication does not help (s.6(5))
Private placesSs.1 to 3 can occur in private. Ss.4, 4A and 5 too, except where both parties are inside dwellings
'Insulting' in s.5Removed 1 February 2014; still in ss.4 and 4A
PenaltiesRiot 10 years; violent disorder 5; affray 3; ss.4 and 4A six months; s.5 fine only (level 3)
WarningsNo section requires a warning. The s.5 arrest-after-warning power was repealed in 2006
ConsentRiot needs DPP consent (s.7(1)); the others in ss.2 to 5 do not
Breach of the peaceNot an offence; common law powers and binding over
Public nuisanceStatutory since 28 June 2022; common law offence abolished; 10 years
Who gives conditionsEvent being held: most senior officer present (or authorised officer from 29 June 2026). Event intended: chief officer, in writing

Worked questions

These are original practice questions from our verified bank (our toolkit, described below). They are not real or past exam questions. Each answer is marked, with the explanation and the legislation relied on. Try each before reading the marked answer.

General police duties Question 1

During serious disorder outside a nightclub, a group of about 15 people act together to attack the door staff. CCTV shows that eight of them throw bottles and punch the staff, while the other seven shout threats and gesture but never use any violence. The conduct of the group taken together would cause a person of reasonable firmness to fear for their personal safety. Who can be guilty of riot under s.1 Public Order Act 1986?

A. All 15, because the group numbered 12 or more and shared a common purpose
B. All 15, because once 12 or more are involved, everyone who uses or threatens unlawful violence is guilty of riot
C. Only the eight who used unlawful violence for the common purpose; those who only threatened violence are not guilty of riot Correct answer
D. None of them, because fewer than 12 people actually used violence

Under s.1(1) the threshold of 12 or more is met by people who use or threaten unlawful violence for a common purpose, but only each person using unlawful violence for that purpose is guilty of riot. Threats count towards the 12, so the last option is wrong. Those who only threatened violence can be considered for violent disorder under s.2. A prosecution for riot needs the consent of the Director of Public Prosecutions (s.7(1)).

Source: Public Order Act 1986 ss.1, 2 and 7

General police duties Question 2

Three brothers are involved in a dispute in the rear garden of a private house. Over about two minutes, one swings a spade at a neighbour, a second picks up a brick and threatens to throw it, and a minute later the third threatens the neighbour with a knife. They have no shared plan. Their conduct taken together would cause a person of reasonable firmness to fear for their personal safety. Which statement about violent disorder under s.2 Public Order Act 1986 is correct?

A. It cannot be violent disorder because the brothers did not share any common purpose or plan between them
B. It cannot be violent disorder because it happened on private land, in the rear garden of a dwelling
C. It cannot be violent disorder because the threats and the violence were not used simultaneously by all three
D. It may be violent disorder: three or more people present together used or threatened unlawful violence Correct answer

Section 2(1) requires three or more persons present together who use or threaten unlawful violence, judged by the effect on a hypothetical person of reasonable firmness. Section 2(2) makes it immaterial whether they act simultaneously, and s.2(4) allows the offence in private as well as public places. A common purpose is an element of riot (s.1), not violent disorder.

Source: Public Order Act 1986 s.2

General police duties Question 3

A man stands in the street and shouts at his neighbour, who is in her front garden, that he is going to come over and kill her. He makes no gestures, carries nothing and does not move towards her. A probationer wants to arrest him for affray. What should the sergeant advise?

A. Affray is made out, because the threat to kill would cause a person of reasonable firmness present at the scene to fear for their safety
B. Affray is not made out, because for affray a threat cannot be made by the use of words alone; consider s.4 Public Order Act 1986 instead Correct answer
C. Affray is not made out, because affray can only be committed in a public place and the neighbour was standing in her own front garden
D. Affray is made out only if the neighbour herself actually feared for her safety, which should be confirmed in her statement before arrest

Section 3(3) Public Order Act 1986 provides that for affray a threat cannot be made by the use of words alone, so some conduct beyond words is needed. Affray can be committed in private as well as public places (s.3(5)), and the test uses a hypothetical person of reasonable firmness who need not be present (s.3(4)). Threatening words used with intent to make her believe immediate unlawful violence will be used point towards s.4 instead.

Source: Public Order Act 1986 ss.3 and 4

General police duties Question 4

Following an amendment made by the Crime and Courts Act 2013, which type of conduct no longer falls within s.5 Public Order Act 1986 (harassment, alarm or distress), even though it still falls within ss.4 and 4A?

A. Disorderly behaviour
B. Abusive words or behaviour
C. Threatening writing, signs or other visible representations
D. Insulting words or behaviour Correct answer

From 1 February 2014 the Crime and Courts Act 2013 removed the word 'insulting' from s.5, which now covers threatening or abusive words or behaviour, disorderly behaviour, and threatening or abusive displays. Sections 4 and 4A still refer to threatening, abusive or insulting words or behaviour. Disorderly behaviour remains within s.5, so that option is wrong.

Source: Public Order Act 1986 ss.4, 4A and 5; Crime and Courts Act 2013 s.57

General police duties Question 5

Which of the following is a statutory defence to an offence under s.5 Public Order Act 1986 but is NOT a defence to the intentional offence under s.4A?

A. That the accused's conduct was reasonable
B. That the accused had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress Correct answer
C. That the accused was inside a dwelling and had no reason to believe the words or behaviour would be heard or seen by a person outside that or any other dwelling
D. That the only person who heard the words was a police officer on duty

Section 5(3)(a) gives a defence of having no reason to believe anyone within hearing or sight was likely to be caused harassment, alarm or distress. Section 4A has no equivalent, because it requires intent and that someone was actually caused harassment, alarm or distress. The dwelling defence and the reasonable conduct defence are available under both sections (s.4A(3) and s.5(3)(b) and (c)). A police officer can be the person caused or likely to be caused harassment, alarm or distress, so that is not a defence.

Source: Public Order Act 1986 ss.4A(3) and 5(3)

General police duties Question 6

Which statement best reflects the definition of a breach of the peace given by the Court of Appeal in R v Howell [1982]?

A. Any conduct in a public place that a reasonable person would find offensive, insulting or abusive, whether or not anyone is harmed
B. Any disturbance or noise that causes annoyance or serious inconvenience to residents, whether or not violence is involved or threatened
C. Harm actually done or likely to be done to a person, or to their property in their presence, or a person in fear of such harm Correct answer
D. Any criminal offence, of whatever kind, committed or about to be committed in the presence of a constable

Howell centres the concept on actual or threatened harm to a person, or to their property in their presence, or fear of such harm. Rudeness, offensive language or mere annoyance is not enough without that element of violence or threatened violence. Breach of the peace is not itself a criminal offence in England and Wales. It is dealt with by the common law power of arrest and by binding over.

Source: R v Howell [1982] QB 416 (common law)

More practice: our free mini mock gives a short timed set across all three Manuals, and our toolkit (we make it, and it is not a substitute for the Manuals) at the exam prep toolkit page has the wider question bank. The bank also contains questions on s.4 and the dwelling exception, on s.14 directions and on s.14A trespassory assemblies, which you will meet if you work through the public order topic there.

Chapter map: Blackstone's 2026 edition

Chapter numbers below are Blackstone's 2026 edition chapters per the 2026 candidate handbook Appendix A (September 2025). We could not fetch the 2027 handbook's Appendix A, so the 2027 edition numbering has not been verified: check the contents page of the edition for your sitting before relying on these numbers.

Where this topic sits in the Manuals (2026 edition)
Blackstone's 2026 chapterLaw this page coversWatch for
3.9.1 IntroductionOverview of the Part I offencesLearn the ladder first
3.9.2 Breach of the PeaceCommon law; Howell; powers of arrest; binding overNot an offence
3.9.3 Riots.1, s.6(1), s.7(1)12, common purpose, DPP consent
3.9.4 Violent Disorders.2, s.6(2)3 or more, no common purpose
3.9.5 Affrays.3, s.6(2)Words alone, hypothetical bystander
3.9.6 Fear or Provocation of Violences.4, s.6(3), s.7(3)Immediacy, dwelling exception
3.9.7 Intentional Harassment, Alarm or Distresss.4AIntent, actual HAD, defences
3.9.8 Harassment, Alarm or Distresss.5, s.6(4)No 'insulting' since 2014; level 3 fine
3.9.9 Intentionally or Recklessly Causing Public NuisancePCSC Act 2022 s.78Common law offence abolished
3.8.4 Public Processions and Assembliesss.11 to 14A, s.16Notice, conditions, who gives directions
3.8.11 Public MeetingsPublic meetings legislationNot covered on this page
1.1 Mens ReaGeneral concepts of intent, recklessness, awarenessUnderpins s.6

Chapter 3.9 sits in Volume 3 (General Police Duties). Related offences are in other chapters: non-fatal offences and defences, and the s.24 arrest test is covered on our PACE searches and arrest page. The wider set of topic pages is listed on the promotion hub.

Scenarios

These are illustrative examples, not real incidents, to show how the elements are applied.

Apply the ladder
FactsAnalysisCheck
Fifteen people fight outside a club; eight throw bottles and seven shout threatsRiot only for the eight who use violence, if there is a common purpose; the other seven can be violent disorder. The count of 12 includes those who threaten (s.1(1))A reasonable bystander need not be there (s.1(4))
Two men fight in a private garden; neither is shown to share a purpose with the otherAffray is available (s.3(2)); violent disorder needs three or more present togetherPrivate place does not matter (s.3(5))
A man stands in the street and shouts 'I'll kill you' at a neighbour but does nothing elseNot affray, because words alone are not a threat (s.3(3)); consider s.4 or s.4ACheck the dwelling exception
Two neighbours shout abuse across a courtyard from inside their own flatsNo s.4, s.4A or s.5 offence, because both are inside dwellingsConsider other offences such as threats to kill if made
A person is arrested for s.5 after refusing to move onCheck the s.24 PACE necessity reason; a warning is not an element of s.5The s.5(4) and (5) arrest power was repealed in 2006
A chief officer plans for a march and several unrelated static protests nearbySince 29 June 2026, cumulative disruption must be considered (s.12(2BA))Directions before the event must be in writing (s.12(3))

Public order revision checklist

  • I can state 12, three and one for riot, violent disorder and affray, and who counts towards each number.
  • I know that only those using violence are guilty of riot, and that riot needs DPP consent.
  • I can say which offences need a common purpose (riot only) and that nobody has to be present for ss.1 to 3.
  • I know words alone cannot be an affray threat (s.3(3)).
  • I know s.4 is immediate violence, s.4A is intent plus actual harassment, alarm or distress, s.5 is likelihood.
  • I know 'insulting' left s.5 on 1 February 2014 but remains in ss.4 and 4A.
  • I know the penalties: 10, 5, 3 years; 6 months; 6 months; level 3 fine.
  • I know the dwelling exception and the s.5(3)(a) defence that is not in s.4A.
  • I know breach of the peace is not an offence and can quote the Howell definition.
  • I know public nuisance is statutory (28 June 2022) and carries 10 years.
  • I know who gives directions on a procession or assembly, in what form, and what changed on 29 June 2026.

To fit this topic into a plan, see how to pass the sergeants exam and the sergeant exam revision plan.

What we could not verify

  • The 2027 Blackstone's chapter numbers. We used the 2026 handbook's Appendix A. The 2027 handbook's appendix could not be fetched, so check the contents page of your edition.
  • What the Manuals say. We did not have the Manuals. This page rests on the statutes and on the verified question bank; the exam tests the Manuals' text for your sitting.
  • Case law beyond Howell, including Laporte. We could not open case reports from our reading environment, so we have not set out the holdings in cases on imminence or on the person of reasonable firmness beyond what the verified question bank states.
  • Commencement of the 2026 aggravation changes. Section 145 of the Crime and Policing Act 2026 (amending the Crime and Disorder Act 1998 ss.28 and 31) was shown as not in force on 4 October 2026. We did not look for any later commencement regulations, so check before your sitting.
  • Penalties for s.14A to s.14C and the Public Order Act 2023 offences. Not covered in detail here; use the Manuals.
  • Future question mix. The count of rows from the March 2026 breakdown is for that sitting only and is not a forecast.
Quick answers

Frequently Asked Questions

How many people do you need for riot, violent disorder and affray?

Riot needs 12 or more people present together using or threatening unlawful violence for a common purpose (s.1). Violent disorder needs three or more present together (s.2), with no common purpose requirement. Affray can be committed by one person (s.3(1)); where two or more are involved their conduct is considered together (s.3(2)). The 12 and three count people who use or threaten violence, not onlookers.

Who is guilty of riot if 12 people are involved but only some use violence?

Section 1(1) makes only 'each of the persons using unlawful violence for the common purpose' guilty of riot. People who only threaten violence count towards the 12 but are not themselves guilty of riot, although they can be guilty of violent disorder under s.2. A riot prosecution needs the consent of the Director of Public Prosecutions (s.7(1)).

Who has to be present at the scene for these offences?

Nobody has to be. Sections 1(4), 2(3) and 3(4) say that no person of reasonable firmness need actually be, or be likely to be, present at the scene. The test is hypothetical: would the conduct, taken together, cause a person of reasonable firmness, if present, to fear for their personal safety. A victim is not needed for riot or violent disorder, though affray requires violence used or threatened 'towards another'.

Can words alone amount to affray?

No. Section 3(3) states that for affray a threat cannot be made by the use of words alone. Some conduct beyond words is needed, such as brandishing something or advancing. Threatening words with the right intent can still be an offence under s.4, and the court can convict of s.4 as an alternative where a jury acquits of affray (s.7(3)).

Was 'insulting' removed from section 5, and has anything changed since?

Yes. The Crime and Courts Act 2013 removed 'insulting' from s.5 (and from s.6(4)) with effect from 1 February 2014. Section 5 now covers threatening or abusive words or behaviour, disorderly behaviour, and threatening or abusive writing, signs or visible representations. On 4 October 2026 legislation.gov.uk showed no later change and no outstanding changes to s.5. 'Insulting' remains in ss.4 and 4A.

What is the penalty for each of ss.4, 4A and 5?

Sections 4 and 4A: summary only, up to six months' imprisonment, a fine up to level 5, or both. Section 5: a fine not exceeding level 3, with no imprisonment. The racially or religiously aggravated versions of ss.4 and 4A carry up to six months on summary conviction or up to two years on indictment (Crime and Disorder Act 1998 s.31(4)); the aggravated s.5 offence is a fine up to level 4.

Does an officer have to give a warning before arresting for section 5?

Nothing in ss.1 to 5 requires a warning. An older arrest power in s.5 that depended on a warning was repealed on 1 January 2006 by the Serious Organised Crime and Police Act 2005. An arrest for any of these offences now has to satisfy the general power in s.24 PACE, including the necessity reasons. Warnings remain good practice for dealing with the conduct, but they are not an element of s.5.

What is the mens rea for the public order offences?

Section 6 sets it out. Riot: intends to use violence or is aware that conduct may be violent. Violent disorder and affray: intends to use or threaten violence or is aware that conduct may be violent or threaten violence. Section 4 and s.5: intends the words or behaviour to be threatening, abusive or insulting (threatening or abusive for s.5), or is aware they may be, and for s.5 disorderly behaviour likewise. Section 4A requires intent to cause harassment, alarm or distress. Self-induced intoxication does not remove awareness (s.6(5)).

Is breach of the peace an offence?

No. It is not itself a criminal offence in England and Wales. The common law gives a power to arrest or otherwise act to prevent or stop a breach of the peace, and magistrates can bind a person over. The exam definition comes from R v Howell [1982]: harm done or likely to be done to a person, or to their property in their presence, or a person in fear of such harm.

Is public nuisance still a common law offence?

No. Section 78 Police, Crime, Sentencing and Courts Act 2022 abolished the common law offence (s.78(6)) and replaced it with a statutory offence of intentionally or recklessly causing public nuisance, in force from 28 June 2022. It carries up to 10 years on indictment. The statutory offence applies only to acts or omissions after commencement, and 'reasonable excuse' is a defence the accused must prove.

Who can impose conditions on a procession or assembly?

A 'senior police officer' under ss.12(2) and 14(2): for an event being held, the most senior in rank present at the scene or (in England and Wales, since 29 June 2026) an officer authorised by the chief officer (for a procession, this also covers one intended to be held where people are already assembling for it); otherwise, for an event intended to be held, the chief officer of police, who must give directions in writing. Prohibition of processions under s.13 is a separate power: outside London the chief officer applies to the council, and in London the Commissioner makes the order, in each case with the Secretary of State's consent.

Did the 2026 legislation change how serious disruption is assessed?

Yes. The Crime and Policing Act 2026 inserted ss.12(2BA) to (2BC) and 14(2BA) to (2BC), in force from 29 June 2026, requiring the senior police officer to take into account relevant cumulative disruption, including other processions and assemblies in the same area. That is after the 2026 edition of the Manuals was published (the 2026 candidate handbook says changes in law after publication are included in a paper only in exceptional circumstances and with prior notification), so check chapter 3.8.4 in the edition for your sitting and any College notice for it.

How much of the exam is public order?

The College does not state a weighting for a topic. In the March 2026 sergeants' subject area breakdown we counted five rows under the skill 'Public order offences' (affray, breach of the peace, fear or provocation of violence, harassment alarm or distress, and violent disorder) and one 'Locking on' row under 'Processions and assemblies', out of 140. That is a count for that sitting only, and the College warns against using it to predict a future paper.

Evidence

Sources and how we checked them

Every factual claim on this page was written from the sources below, read on 4 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.

  1. legislation.gov.uk: Public Order Act 1986 ss.1 to 8 (Part I) — opened section by section on 4 October 2026 (latest revised). Riot s.1, violent disorder s.2, affray s.3, s.4, s.4A, s.5, mens rea s.6, procedure s.7, interpretation s.8. Section 5 'or abusive' substitution 1 February 2014; s.5(4) and (5) repealed 1 January 2006; no outstanding effects shown on ss.1 to 8 (accessed 4 October 2026)
  2. legislation.gov.uk: Public Order Act 1986 ss.11 to 14 and s.16 (Part II) — s.11 notice (6 clear days), s.12 and s.14 conditions, s.13 prohibition, definitions in s.16. Section 12 and s.14 as amended by the Police, Crime, Sentencing and Courts Act 2022 (28 June 2022) and the Crime and Policing Act 2026 (29 June 2026). Sections 12 and 14 listed unapplied effects only for the Criminal Justice Act 2003 (51 weeks wording, not yet commenced; until then 51 weeks reads as 6 months under ss.12(10A) and 14(10A)), rechecked 5 October 2026. Section 16 definition of public assembly: two or more persons in England and Wales (accessed 4 October 2026)
  3. legislation.gov.uk: Crime and Courts Act 2013 s.57 — the removal of 'insulting' from s.5, commenced by S.I. 2013/2981 on 1 February 2014 (commencement reference taken from the amendment note on s.5 itself) (accessed 4 October 2026)
  4. legislation.gov.uk: Crime and Disorder Act 1998 s.31 — racially or religiously aggravated ss.4, 4A and 5 and their maximum penalties. The page lists amendments to s.31(1) and (7) by the Crime and Policing Act 2026 s.145(6) that were not applied to the text on 4 October 2026. Section 145 is shown as prospective: it is not in force and legislation.gov.uk showed no commencement date appointed (accessed 4 October 2026)
  5. legislation.gov.uk: Police, Crime, Sentencing and Courts Act 2022 s.78 — statutory public nuisance offence, abolition of the common law offence, 10 years on indictment, in force 28 June 2022 (accessed 4 October 2026)
  6. legislation.gov.uk: Sentencing Act 2020 s.224 — the general limit on magistrates' court imprisonment: 6 months for summary offences and 12 months for either-way offences (accessed 4 October 2026)
  7. College of Policing: NPPF sergeants' step-two legal examination, subject area breakdown, March 2026 (PDF) — our count of rows: five under 'Public order offences' and one 'Locking on' row under 'Processions and assemblies'. A count of that sitting only; the College says it should not be used to predict future papers (accessed 4 October 2026)
  8. College of Policing: NPPF step two candidate handbook 2026 (PDF, September 2025), Appendix A — the list of Blackstone's 2026 chapters used in the chapter map (3.8 and 3.9). Chapter numbers for the 2027 edition were not verified (accessed 4 October 2026)
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PolicePay.co.uk is an independent guide. It is not affiliated with, endorsed by or produced by the College of Policing or Oxford University Press (Blackstone's). Exam rules, dates, syllabus editions and prices change, so check the College of Policing's current candidate handbook and exam pages before you register or buy. Practice material on this site is original and is not real exam content. Details apply to England and Wales unless stated. Details are as checked on 4 October 2026.