The appellant had been approached and searched by police officers and swore at them. He now appealed against a conviction under section 5 of the 1986 Act.
Held: The use of the word ‘fuck’ was common in such situations. Neither officer had claimed to have been alarmed or distressed by the use of the word, and nor was there any evidence of a third party being so affected. In the absence of any such evidence the appeal must be allowed.
Judges:
Bean J
Citations:
[2011] EWHC 3992 (Admin), [2011] EWHC B1 (Admin)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Director of Public Prosecutions v Orum 1988
The court was asked whether a police constable was a person likely to be caused harassment, alarm or distress contrary to s. 5(1)(a) of the Public Order Act 1986.
Held: Glidewell LJ discussed the offence under section 5 where words used toward . .
Cited – Taylor v Director of Public Prosecutions Admn 28-Apr-2006
The defendant appealed conviction for racially aggravated use of threatening abusive or insulting words or behaviour. She said that apart from the police there was nobody else about to give rise to any risk of distress.
Held: It was a quiet . .
Cited – Southard v Director of Public Prosecutions Admn 9-Nov-2006
The defendant’s brother was stopped and searched by a police officer. While this search was going on the defendant approached and swore at the PC on two occasions, interfering with the search. He was cautioned after the first swearing incident and . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 21 June 2022; Ref: scu.448999
