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.