2 ms·
Section 5 of the Public Order Act 1986 makes it an offence to use "threatening or abusive words or behaviour, or disorderly behaviour" in a public place. Interp
by jdietrich 8y ago
Section 5 of the Public Order Act 1986 makes it an offence to use "threatening or abusive words or behaviour, or disorderly behaviour" in a public place. Interpretation of the precise meaning of those words is a matter for the courts; this has historically been interpreted quite liberally, but Harvey v DPP established the clear distinction between words that are potentially abusive and words that actually caused harassment, alarm or distress.
Broadly speaking, you're OK to swear in front of a police officer, but you'll get nicked if you swear at a police officer, which strikes me as a reasonable compromise between liberty and civility.
https://www.legislation.gov.uk/ukpga/1986/64/section/5 https://www.legislation.gov.uk/ukpga/1986/64/section/5
http://www.mondaq.com/uk/x/175956/Public+Order/Section+5+Of+The+Public+Order+Act+1986+The+Impact+Of+Harvey+v+DPP http://www.mondaq.com/uk/x/175956/Public+Order/Section+5+Of+...
- balfirevic 8y agoWhat about swearing at another person who is not a police officer? The law sounds like it prohibits that too.
- jdietrich 8y agoIt is a defence for the accused to prove— 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 [...] that his conduct was reasonable. The police aren't going to get involved if you use robust language at 10pm in a pub. They may well get involved if you start screaming obscenities in the supermarket.
- chippy 8y agoI think the guidance (if not the law) to the police is that they have to tell the potential offender not to use those words, or "don't swear at me" first, and if they still continue then they can be nicked. So they have to know that what they are doing is abusive first. In other words you can swear at the police but only once!