Protection from Sex-based Harassment in Public Act 2023 — section 1 (inserting Public Order Act 1986 s.4B, intentional harassment, alarm or distress on account of sex)

In brief

Section 1 of the Protection from Sex-based Harassment in Public Act 2023 inserts section 4B into the Public Order Act 1986, creating an aggravated form of the section 4A offence of intentional harassment, alarm or distress; it has been in force in England and Wales since 1 April 2026 (SI 2026/344 reg 2(a)). A person (A) commits the section 4B offence if A commits the section 4A offence and "A carried out the conduct referred to in section 4A(1) because of the relevant person's sex (or presumed sex)" (s.4B(1)). Presumed means presumed by A, and the relevant person is the person A intended to cause harassment, alarm or distress (s.4B(2)). It does not matter whether A was also motivated by another factor, or acted for the purposes of sexual gratification (s.4B(3)). The section 4A offence requires intent to cause a person harassment, alarm or distress; threatening, abusive or insulting words or behaviour, disorderly behaviour, or a threatening, abusive or insulting display; and harassment, alarm or distress actually caused to that or another person (s.4A(1)). It can be committed in a public or a private place, except where both people are inside a dwelling (s.4A(2)). The section 4B offence is triable either way, with up to two years' imprisonment on indictment (s.4B(4)), and a jury may convict of the section 4A offence instead (s.4B(5)). Because presumed means presumed by A (s.4B(2)), the offence can be made out on the sex A presumes, whatever the actual sex of the person targeted. Neither section defines sex. The Act extends to England and Wales only (s.4(1)).

Key provisions

• s.4B(1) — Public Order Act 1986: the offence, section 4A conduct carried out because of sex or presumed sex : A person (A) is guilty of an offence under section 4B if (a) A commits an offence under section 4A (intentional harassment, alarm or distress) and (b) A carried out the conduct referred to in section 4A(1) because of the relevant person's sex (or presumed sex). Inserted by section 1 of the 2023 Act, in force 1 April 2026.
• s.4B(2) — Public Order Act 1986: presumed sex means the sex presumed by the offender : In subsection (1), presumed means presumed by A, and the relevant person means the person to whom A intended to cause harassment, alarm or distress.
• s.4B(3) — Public Order Act 1986: other motives and sexual gratification do not matter : For the purposes of subsection (1)(b) it does not matter whether or not A also carried out the conduct because of any other factor not mentioned in subsection (1)(b), or carried out the conduct for the purposes of sexual gratification.
• s.4A — Public Order Act 1986: the section 4A offence that section 4B depends on : A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress (s.4A(1)). The offence may be committed in a public or a private place, except where the conduct is by a person inside a dwelling and the person harassed, alarmed or distressed is also inside that or another dwelling (s.4A(2)). It is a defence for the accused to prove that he was inside a dwelling with no reason to believe the conduct would be heard or seen outside, or that his conduct was reasonable (s.4A(3)). The section 4A offence alone is summary only, with up to 6 months' imprisonment, a level 5 fine, or both (s.4A(5)).
• s.4B(4)-(5) — Public Order Act 1986: penalties and alternative verdict : A person guilty of the section 4B offence is liable on summary conviction to imprisonment for a term not exceeding the general limit in a magistrates' court or a fine or both, and on conviction on indictment to imprisonment for a term not exceeding 2 years or a fine or both (s.4B(4)). On a trial on indictment, a jury that finds the person not guilty of the section 4B offence may find the person guilty of the section 4A offence (s.4B(5)).
• PSBHPA 2023 s.2 — Statutory guidance to police : The Secretary of State must issue guidance about the section 4B offence to chief officers of police and the chief constables of the British Transport Police Force, the Ministry of Defence Police and the Civil Nuclear Constabulary (s.2(1)). The guidance must in particular include guidance about the reasonable conduct defence in section 4A(3)(b) (s.2(2)), may be revised (s.2(3)) and must be published (s.2(4)). Chief officers and chief constables must have regard to it (s.2(5)). In force 1 April 2026.
• PSBHPA 2023 s.4 — Extent and commencement : The Act extends to England and Wales only, subject to subsection (2), under which an amendment made by section 3 has the same extent as the provision amended (s.4(1)-(2)). Sections 1, 2 and 3 come into force by regulations (s.4(3)); they were brought into force on 1 April 2026 by SI 2026/344 reg 2. Section 4 came into force on the day the Act was passed (s.4(5)).

When relevant

When an organisation in England and Wales needs to tell criminal harassment from civil harassment: for example, in conduct and safeguarding policies for public-facing work, and when staff, volunteers or service users are harassed by members of the public. Section 4B applies to anyone in England and Wales, whether at work or not, in a public or a private place other than dwelling to dwelling (s.4A(2)), for conduct on or after 1 April 2026. Toolkit analysis: it is relevant to trans and non-binary people because the offence turns on the sex the offender presumes, not on the sex of the person targeted (s.4B(2)). It is not a workplace conduct standard; for harassment of staff and service users, the civil framework is the Equality Act 2010 (EA2010), including section 26. It is a different Act from the Worker Protection (Amendment of Equality Act 2010) Act 2023 (WPA-2023-S40A), which concerns an employer's duty to prevent sexual harassment of its employees. Decision support, not legal advice.