Public Order Act 1986: Riot, Affray and Sections 4, 4A and 5

10 free public order practice questions with answers

Try each one, then open the answer. For a timed experience use the free topic quiz.

1. 1. Fourteen people gather in a retail park with the shared aim of attacking a rival group. Each of them intends to use violence. Ten throw bottles and bricks at the rival group. The other four stand with them shouting threats but throw nothing. The conduct of the group would cause a person of reasonable firmness to fear for their personal safety. Which of the following is correct regarding riot?

   1. A. All fourteen are guilty of riot because twelve or more were present together.
   2. B. None is guilty of riot, because fewer than twelve of the fourteen actually used unlawful violence.
   3. C. All fourteen are guilty of riot, provided each intended to cause injury.
   4. D. Only the ten who used violence for the common purpose commit riot.
   Show answer

   D. Only the ten who used violence for the common purpose commit riot.

   Riot under s.1 needs 12 or more people present together who use or threaten unlawful violence for a common purpose. The 14 here meet that threshold, counting those who threaten as well as those who use violence. Liability attaches only to 'each of the persons using unlawful violence' for the common purpose. The four who only threatened are not guilty of riot, although they may be guilty of violent disorder.

   Source: Public Order Act 1986, s.1

2. 2. QUILL protests alone outside a research laboratory in a public street, using a megaphone for hours on end. The most senior officer present reasonably believes the noise may cause serious disruption to the laboratory's activities. Which is correct?

   1. A. No conditions can be imposed, because the conditions powers apply only to groups.
   2. B. Conditions may be imposed on QUILL under s.14ZA, as this is a one-person protest.
   3. C. Conditions may be imposed under s.14, because QUILL is holding a public assembly.
   4. D. Conditions may be imposed only by the chief officer of police, and the direction must be in writing.
   Show answer

   B. Conditions may be imposed on QUILL under s.14ZA, as this is a one-person protest.

   Section 14ZA allows the senior police officer to impose conditions on a 'one-person protest' (a protest carried on by one person in a public place). One ground is a reasonable belief that the noise may cause serious disruption to the activities of an organisation in the vicinity. For a protest already being carried on, the senior officer is the most senior in rank present at the scene. A public assembly requires 2 or more persons.

   Source: Public Order Act 1986, s.14ZA

3. 3. Which of the following is correct regarding the basic (non-aggravated) offence of intentional harassment, alarm or distress under s.4A of the Public Order Act 1986?

   1. A. It is triable either way, with a maximum of 2 years' imprisonment on conviction on indictment.
   2. B. It is triable on indictment only.
   3. C. It is triable summarily only, with a maximum of 6 months' imprisonment and/or a fine.
   4. D. It is punishable only by a fine not exceeding level 3.
   Show answer

   C. It is triable summarily only, with a maximum of 6 months' imprisonment and/or a fine.

   Section 4A(5) provides that a person guilty of the offence is liable on summary conviction to up to 6 months' imprisonment, a level 5 fine, or both. The basic offence is therefore summary only. The racially or religiously aggravated version under s.31 of the Crime and Disorder Act 1998 is triable either way.

   Source: Public Order Act 1986, s.4A(5)

4. 4. PAGE lives in a block of flats. Standing inside his own flat with the door open, he shouts abusive words at his neighbour QUINN, who is standing inside her own flat across the landing. QUINN is distressed. Which is correct regarding s.5 of the Public Order Act 1986?

   1. A. A s.5 offence is committed, because the shared landing between the two flats is not part of either dwelling.
   2. B. No s.5 offence is committed, because s.5 applies only in public places.
   3. C. A s.5 offence is committed, because QUINN was within hearing and was distressed.
   4. D. No s.5 offence: both PAGE and QUINN were inside a dwelling.
   Show answer

   D. No s.5 offence: both PAGE and QUINN were inside a dwelling.

   Section 5(2) allows the offence to be committed in a public or private place. The exception is where the words or behaviour are used by a person inside a dwelling and the other person is also inside that or another dwelling. PAGE and QUINN were each inside a dwelling (their flats), so no s.5 offence is committed.

   Source: Public Order Act 1986, s.5(2)

5. 5. ZANE leans out of an upstairs window of his house and shouts threats at a man standing on the pavement outside. He intends the man to believe that immediate unlawful violence will be used against him. Which is correct?

   1. A. A s.4 offence is committed only if the man was actually caused harassment, alarm or distress.
   2. B. A s.4 offence may be committed, as the man was not inside a dwelling.
   3. C. No s.4 offence can be committed, because ZANE remained inside his own dwelling when he shouted.
   4. D. No s.4 offence can be committed, because s.4 applies only in a public place.
   Show answer

   B. A s.4 offence may be committed, as the man was not inside a dwelling.

   Section 4(2) allows the offence in a public or private place. No offence is committed only where the words are used by a person inside a dwelling and the other person is also inside that or another dwelling. Here the target was on the pavement, so the exception does not apply.

   Source: Public Order Act 1986, s.4(2)

6. 6. At 3am, KING and LANE fight each other with knives on the top level of an empty multi-storey car park. No one else is present or likely to arrive. Which of the following is correct?

   1. A. Neither commits affray, because no bystander was present who could have been put in fear for their safety.
   2. B. Neither commits affray, because at 3am the empty car park is not a place to which the public has access.
   3. C. Neither commits affray, because affray requires at least three people.
   4. D. Both may commit affray, because no person of reasonable firmness need be, or be likely to be, present.
   Show answer

   D. Both may commit affray, because no person of reasonable firmness need be, or be likely to be, present.

   Affray (s.3) is committed by a person who uses or threatens unlawful violence towards another, where the conduct would cause a hypothetical person of reasonable firmness present at the scene to fear for their personal safety. Section 3(4) states that no such person need actually be, or be likely to be, present. Section 3(2) assesses the conduct of two people fighting together. Under s.3(5), affray can occur in private places too.

   Source: Public Order Act 1986, s.3

7. 7. Which of the following correctly states how riot under s.1 of the Public Order Act 1986 is tried and its maximum penalty?

   1. A. Triable on indictment only, with a maximum of 10 years' imprisonment.
   2. B. Triable either way, with a maximum of 5 years' imprisonment on indictment.
   3. C. Triable only on indictment, with a maximum term of 14 years' imprisonment.
   4. D. Triable either way, with a maximum of 3 years' imprisonment on indictment.
   Show answer

   A. Triable on indictment only, with a maximum of 10 years' imprisonment.

   Section 1(6) provides that a person guilty of riot is liable on conviction on indictment to imprisonment for up to ten years. There is no summary mode, so riot is indictable only. Violent disorder (5 years) and affray (3 years) are triable either way.

   Source: Public Order Act 1986, s.1(6)

8. 8. At a family dinner inside his house, MASON makes threatening remarks about a racial group, intending to stir up racial hatred. Only members of his household hear him. Which is correct regarding s.18 of the Public Order Act 1986?

   1. A. No s.18 offence is committed unless the words were also recorded.
   2. B. A s.18 offence is committed, because MASON intended to stir up racial hatred.
   3. C. A s.18 offence is committed, because s.18 can be committed in private as well as in public places.
   4. D. No s.18 offence: spoken in a dwelling and heard only there.
   Show answer

   D. No s.18 offence: spoken in a dwelling and heard only there.

   Section 18 can be committed in public or private places. Section 18(2) provides that no offence is committed where the words are used inside a dwelling and are not heard or seen except by other persons in that or another dwelling. MASON's words were heard only within his house.

   Source: Public Order Act 1986, s.18(2)

9. 9. A campaign group plans a march through a town centre to publicise its cause. Advance notice is reasonably practicable. Which is correct regarding notice under s.11 of the Public Order Act 1986?

   1. A. Notice may be given orally or in writing to the chief officer of police at least 6 clear days before the march.
   2. B. Written notice must be given to the local council, rather than the police, at least 28 days before the march.
   3. C. No notice is needed unless more than 20 people are expected, as smaller marches are exempt from s.11.
   4. D. It must be in writing, delivered to a police station in the area where it starts, normally 6 clear days before.
   Show answer

   D. It must be in writing, delivered to a police station in the area where it starts, normally 6 clear days before.

   Section 11(1) requires written notice of a public procession intended to demonstrate support for or opposition to views, publicise a cause or campaign, or commemorate an event, unless advance notice is not reasonably practicable. Section 11(4)-(6) requires delivery to a police station in the area where the procession will start, not less than 6 clear days before (by recorded delivery or by hand).

   Source: Public Order Act 1986, s.11

10. 10. A sergeant wants to use dispersal powers in a town centre over a bank holiday weekend because of persistent alcohol-related disorder. Which is correct regarding an authorisation under s.34 of the Anti-social Behaviour, Crime and Policing Act 2014?

    1. A. The sergeant may give it orally for up to 72 hours, if it is recorded in writing as soon as practicable.
    2. B. It may be given by any constable in uniform, in writing, and may last for no more than 48 hours.
    3. C. It must be given by a superintendent or above, in writing, and may last for no more than 24 hours.
    4. D. An inspector or above must give it, in writing and signed, stating the grounds, for no more than 48 hours.
    Show answer

    D. An inspector or above must give it, in writing and signed, stating the grounds, for no more than 48 hours.

    Under s.34(1), an officer of at least the rank of inspector may authorise the use of the s.35 powers in a specified locality for a specified period of not more than 48 hours. Section 34(4) requires the authorisation to be in writing, signed by the officer and to specify the grounds. In deciding, the officer must have particular regard to rights of freedom of expression and assembly (s.34(3)). Do not confuse this with the exclusion period in an individual s.35 direction, which the Crime and Policing Act 2026 raised to 72 hours.

    Source: Anti-social Behaviour, Crime and Policing Act 2014, s.34

Frequently asked questions