Skip to main content

22.11.11

Abusive language alone cannot found conviction

In an important judgment in Harvey v Director of Public Prosecutions 2011 LTL 18/11/2011, Mr Justice Bean allowed an appeal against conviction for an offence under section 5 Public Order Act 1986. The appellant had been convicted by Magistrates after the Court heard he used the word 'fuck' three times whilst being searched by police officers. Neither of the officers gave evidence that they had been caused harassment, alarm or distress and there were no bystanders other than the appellant's friends. Mr Justice Bean concluded that the Magistrates had been wrong to infer that harassment, alarm or distress could be caused simply by the use of abusive language, especially when directed at police officers, where there was no express evidence to support that finding.


Share


Legal Disclaimer

Articles are intended as an introduction to the topic and do not constitute legal advice.


Cookies are used to personalise this website for you and to analyse how the website is being used. You give us your permission to do this by clicking the “agree” button or by continuing to use the website having received this notification. You can find further information on cookies in our cookie policy.