Causing fear or provocation of violence


Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert
Practice notes

Causing fear or provocation of violence


Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert

Practice notes
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The offence of causing fear or Provocation of violence

The offence of causing fear or provocation of violence (threatening behaviour) is an offence created by section 4 of the Public Order Act 1986 (POA 1986). The offence can only be tried summarily in the magistrates' court.

There are similar public order offences that may also be relevant when considering threatening behaviour. For example, words or behaviour that are threatening or abusive, or the displaying of writing, signs or other visible representations which are threatening or abusive, within the hearing of someone likely to be caused Harassment, alarm or distress constitutes an offence under POA 1986, s 5(1). Furthermore, it is an offence under POA 1986, s 4A for a person to use threatening, abusive or insulting words or behaviour (including disorderly behaviour) with the intent to cause harassment, alarm or distress. See Practice Note: Intentional harassment, alarm or distress.

For information on the Offence of harassment under the Protection of Harassment Act 1997, see Practice Note: Harassment offences.

Elements of the threatening behaviour offence

Under

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United Kingdom
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Key definition:
Provocation definition
What does Provocation mean?

Abolished on 4 October 2010, provocation was a special defence to a charge of murder with the resulting loss of control converting the original charge into manslaughter.

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