Points 2 Prove
The Ultimate Police Handbook
Harassment, alarm or distress
s.5 Public Order Act 1986
Public Order
Definition
(1) A person is guilty of an offence if he -
(a) uses threatening or abusive words or behaviour, or disorderly behaviour, or (b)displays any writing, sign or other visible representation which is threatening or abusive,
Within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(a) uses threatening or abusive words or behaviour, or disorderly behaviour, or (b)displays any writing, sign or other visible representation which is threatening or abusive,
Within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
Points to Prove
- Display any writing, sign or visible representation
- Or use words or behaviour
- Which is threatening or abusive within hearing or sight of another person
- And was likely to cause or have the effect of causing harassment, alarm or distress
- Or use words or behaviour
- Which is threatening or abusive within hearing or sight of another person
- And was likely to cause or have the effect of causing harassment, alarm or distress
Powers & Punishment
Fine not exceeding level 3 on the standard scale
Offence Type
Charging Codes
PU86116 - Use words or behaviour
PU86117 - Display any writing, sign or visible representation
Crime Recording
PNC Recordable
Crime Report Required
More
(3) It is a defence for the accused to prove -
(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c)that his conduct was reasonable.
(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c)that his conduct was reasonable.