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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
A police officer is capable of being ‘a person likely to be caused harassment, alarm or distress’ by ‘threatening, abusive or insulting words or behaviour’, for the purposes of s 5(1) of the Public Order Act 1986. However, if he is not likely to be caused harassment, alarm or distress by the words or behaviour used it is not likely that he will be able to arrest the person using the threatening, abusive or insulting words or behaviour under s 5(4) for offensive conduct, since the officer, if he is the only person present, will not be in a position to suspect that an offence under s 5(1) has been committed.
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