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CRIMINAL LAW, EVIDENCE AND PROCEDURE - OFFENCES AGAINST THE GOVERNMENT AND THE PUBLIC - OFFENCES AGAINST PUBLIC ORDER - RIOT, VIOLENT DISORDER, AFFRAY ETC - FEAR OR PROVOCATION OF VIOLENCE; HARASSMENT, ALARM OR DISTRESS - THREATENING WORDS OR BEHAVIOUR — CONDUCT LIKELY TO CAUSE HARASSMENT, ALARM OR DISTRESS — OFFENSIVE CONDUCT CONDUCIVE TO BREACHES OF PEACE
Notes
This case confirms that a police officer can be caused harassment, alarm or distress contrary to Section 5 of the Public Order Act 1986. However there will be certain types of disorderly behaviour with which police officers will be, in the words of the judge, "wearily familiar". If the police are not likely to be caused harassment by such behaviour, and there are no other members of the public present, then a Section 5 charge can not be substantiated.
This case is useful as activists often ask whether the police can be caused harassment, alarm or distress contrary to Section 5. The answer is that they can, but their "harassment threshold" as it were should generally be higher than for ordinary members of the public. For more info on this, click here.
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