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PUBLIC ORDER ACT 1986, Section 5B


PUBLIC_ORDER_ACT_1986

Section 5 - Harassment, alarm or distress
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(1)A person is guilty of an offence if he—.
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(a)uses threatening, abusive or insulting words or behaviour,
or disorderly behaviour, or.
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(b)displays any writing, sign or other visible representation
which is threatening, abusive or insulting,
within the hearing or sight of a person
likely to be caused harassment, alarm or distress thereby.
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(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..
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(3) It is a defence for the accused to prove —
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(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.
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(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.
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(c) that his conduct was reasonable.
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(4)A constable may arrest a person without warrant if—.
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(a)he engages in offensive conduct which a constable warns him to stop, and.
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(b)he engages in further offensive conduct
immediately or shortly after the warning..
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(5)In subsection (4)
“offensive conduct” means conduct the constable reasonably suspects
to constitute an offence under this section,
and the conduct mentioned in paragraph (a)
and the further conduct need not be of the same nature..
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(6)A person guilty of an offence under this section
is liable on summary conviction
to a fine not exceeding level 3 on the standard scale.

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Note that there are only three defences.

Particularly note defence C.


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Link - Tim Wilmot writes to CPS - sequential
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