criminal-law england-and-wales definition
What is the difference between S4, S4A &amp; S5 public order offences?
<p>Please explain the differences between these three similar but distinct offences from the <a href="https://www.legislation.gov.uk/ukpga/1986/64/contents" rel="nofollow noreferrer">Public Order Act 1986</a>.</p>

<p><a href="https://www.legislation.gov.uk/ukpga/1986/64/section/4" rel="nofollow noreferrer">Section 4 of the Public Order Act 1986</a> requires a person to:</p>
<ul>
<li>use threatening, abusive or insulting words or behaviour towards another person, or</li>
<li>distribute or display to another person any writing, sign or other visible representation which is threatening, abusive or insulting</li>
<li>with the intent of:
<ul>
<li>causing that person to fear immediate unlawful violence (e.g. getting punched, stabbed, etc.) against him or someone else by any one else, or</li>
<li>to provoke that person or someone else into immediate unlawful violence, or</li>
<li>cause that person to be likely to believe that such violence will be used or</li>
<li>it is likely that such violence will be used</li>
</ul>
</li>
</ul>
<p>Basically, S4 requires conduct with intent that violence (or the prospect of some form of violence) immediately follow. This could be something like &quot;Beat up all gay people&quot; or &quot;I'm going to kill all Muslims&quot;.</p>
<p><a href="https://www.legislation.gov.uk/ukpga/1986/64/section/4A" rel="nofollow noreferrer">Section 4A of the Public Order Act 1986</a> concerns itself with <em>intention</em> to cause harassment, alarm or distress. This is similar to Section 4 but requires intent to be proven and does not require any violence: just that someone is intentionally harassed, alarmed, or distressed by the conduct.</p>
<p><a href="https://www.legislation.gov.uk/ukpga/1986/64/section/5" rel="nofollow noreferrer">Section 5 of the Public Order Act 1986</a> is almost identical to S4A except there is no requirement to prove intent, or prove that anyone was actually harassed, alarmed, or distressed by the conduct.</p>
<p>The punishments for the offences are also different. S4 and 4A have a maximum punishment of six months imprisonment or a level 5 (standard scale) fine, or both, whereas S5 has a maximum punishment of a level 3 (standard scale) fine.</p>
<p>So S4 and 4A are treated as more serious offences than S5. S5 is easier to prove as it doesn't require any intention or that anyone <em>actually</em> be offended by the conduct.</p>

<p>S5 is just shouting things that are commonly offensive. S4 and 4a are shouting them <em>at</em> someone or a group of people.</p>
<p>As explained by an officer on the street, S5 would be shouting fuck fuck fuck. S4A would be saying to someone or a group of people &quot;fuck you&quot;. S4 is saying to someone &quot;I'm going to fucking kill you&quot;.</p>
