Legal background
11 Subsection 1 of section 4A of the Public Order Act 1986 makes it an offence to use threatening, abusive or insulting words or behaviour, or disorderly behaviour, or to display any writing, sign or other visible representation which is threatening, abusive or insulting, if both the intention and the effect of the behaviour or the display are to cause another person harassment, alarm or distress.
12 Subsection 2 of section 4A provides that this offence 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 person who is harassed, alarmed or distressed is also inside that or another dwelling.
13 Subsection 3 of section 4A provides two defences to this offence:
● that the defendant was inside a dwelling and had no reason to believe that the words or behaviour they used, or the writing, sign or other visible representation they displayed, would be heard or seen by a person outside that or any other dwelling; and
● that the defendant’s conduct was reasonable.
14 Subsection 4 of section 4A states that a person guilty of the offence under that section is liable on summary conviction (i.e. in a magistrates’ court) to imprisonment for a term not exceeding six months or a fine not exceeding level 5 on the standard scale or both.