>>39541012>and Section 5 is easier to prove as it does not require proving intent or that anyone was actually harassed, alarmed, or distressedSection 5 of the Public Order Act 1986 makes it an offense to use threatening, abusive, or insulting words or behavior, or to display threatening or abusive writings or signs, within the hearing or sight of someone who is likely to be caused harassment, alarm, or distress. The key element is the potential impact of the conduct on others, not necessarily an intent to cause harm.
Key aspects of Section 5:
Offensive Conduct:
The section prohibits using threatening, abusive, or insulting words or behavior, or displaying threatening or abusive writings, signs, or other visible representations.
Likelihood of Harm:
The conduct must be within the hearing or sight of a person who is likely to be caused harassment, alarm, or distress.
Public or Private Places:
The offense can be committed in either a public or a private place, with some exceptions regarding conduct within a dwelling.
Reasonableness:
There is a defense that the conduct was reasonable in the circumstances.
No Intention Requirement:
Unlike some other public order offenses, Section 5 does not require proof of an intent to cause harm, just that the conduct is likely to cause harassment, alarm, or distress.
Yay for authoritarianism!
