Part I New Offences
5 Harassment, alarm or distress.
1
A person is guilty of an offence if he—
a
uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
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.
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.
3
It is a defence for the accused to prove—
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
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
c
that his conduct was reasonable.
4
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.