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Public Order Practice Questions

Free NPPF Step 2 Public Order question with full answers, for Sergeant and Inspector candidates.

45+ questions in the full bankType A format

About this topic

Public order is a heavily tested area. Questions test the offences from riot down to s.5, the powers to control processions and assemblies, and the newer protest offences.

Know the number of people needed for each offence, the mental element, whether the offence can be committed in a dwelling, and the Public Order Act 2023 offences.

Key legislation and cases

  • Public Order Act 1986, ss.1-5, 12 and 14
  • Public Order Act 2023
  • Police, Crime, Sentencing and Courts Act 2022 (public nuisance)

Worked example

Try the question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 1Standard

PC Moss witnesses a man, Derek, shouting loudly and using offensive language in a shopping centre. Derek says he did not intend to cause anyone harassment, alarm or distress. PC Moss considers a charge under s.5 Public Order Act 1986. Which of the following is correct?

  1. ADerek cannot be charged under s.5 as the offence requires proof that he intended to cause harassment, alarm or distress.
  2. BDerek may be charged under s.5 - the offence requires the conduct to be threatening or abusive and that it was likely to cause harassment, alarm or distress, but does not require intent to cause it.
  3. CDerek may be charged under s.5 only if a person actually experienced harassment, alarm or distress as a result of his conduct.
  4. DDerek cannot be charged under s.5 as the offence can only be committed in a public open space - a shopping centre is not a public place for the purposes of s.5.
Show answer and explanation
Answer: B

Under s.5 Public Order Act 1986 (as amended by the Crime and Courts Act 2013) a person commits an offence if they use threatening or abusive words or behaviour, or disorderly behaviour, within the hearing or sight of a person likely to be caused harassment, alarm or distress. There is no requirement to prove intent to cause harassment, alarm or distress - the offence is made out by the nature of the conduct and the likelihood of that effect. The word insulting was removed from s.5 by the 2013 amendment.

s.5 Public Order Act 1986 as amended by Crime and Courts Act 2013
s.5(1): A person is guilty of an offence if he uses threatening or abusive words or behaviour, or disorderly behaviour, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
  • A: s.5 does not require proof of intent to cause harassment, alarm or distress. This distinguishes it from s.4A which does require such intent. The absence of intent is not a defence to s.5.
  • C: s.5 requires conduct within the hearing or sight of a person likely to be caused harassment, alarm or distress - not that someone actually experienced it. Likelihood is sufficient; actual effect is not required.
  • D: A shopping centre is capable of being a public place for the purposes of s.5. The offence is not limited to open spaces - s.5 applies wherever a person likely to be caused harassment, alarm or distress is present.

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