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Fear or Provocation of Violence
Section 4 Public Order Act 1986
Maximum Sentence
6 months’ imprisonment
Court Information
Magistrates’ Court (or Crown Court if racially aggravated)
What is Fear or Provocation of Violence?
Fear or Provocation of Violence occurs when a person uses threatening, abusive, or insulting words or behaviour towards another person. It also applies when a person displays any writing, sign, or representation that is threatening, abusive, or insulting, in situations where:
They intend to cause the other person to believe that immediate unlawful violence will be used.
They intend to provoke the immediate use of unlawful violence.
It is likely that such violence will be used or provoked.
This offence often arises in situations involving:
Threats or acts of violence.
Homophobic or racist abuse.
‘Tragedy chanting’ directed at an individual.
Court and Sentencing Information
These cases are usually heard in the Magistrates’ Court.
However, if charged as a racially aggravated offence under Section 31(1)(a) of the Crime and Disorder Act 1998, they may be escalated to the Crown Court.
Maximum penalty: 6 months’ imprisonment.
Custodial sentences are sometimes given even to defendants with no previous convictions, depending on the seriousness of the offence.
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