Public Order Act sns 4, 4A, 5
(all potentially religiously aggravated)
Sn 4, 5: A person is guilty of an offence if
he—
Sn 4A: A person is guilty of an offence if,
with intent to cause a person harassment, alarm or distress, he—
Sn 4: (a) uses towards another person threatening,
abusive or insulting words or behaviour or
Sns 4A, 5: (a) uses threatening, abusive or
insulting words or behaviour, or disorderly behaviour, or
Sn 4: (b) distributes or displays to another
person any writing, sign or other visible representation which
is threatening, abusive or insulting . . .
Sns 4A, 5: (b) displays any writing, sign or
other visible representation which is threatening, abusive or
insulting.
Sn 4: with intent to cause that person to believe
that immediate unlawful violence will be used against him or another
by any person, or
to provoke the immediate use of unlawful violence
by that person or another, or whereby that person is likely to
believe that such violence will be provoked.
Sn 4A: thereby causing that or another person
harassment, alarm or distress.
Sn 5: within the hearing or sight of a person
likely to be caused harassment, alarm or distress thereby.
Sn 4: 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 distributed or displayed, by a
person inside a dwelling and the other person is also inside that
or another dwelling.
Sn 4A: An offence under this section may be
committed in a public or a private place, exept 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.
Sn 5: 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.
(Similar provision in respect of all three sections.)
Sn 4A: Defence if had no reason to believe could
be seen or heard outside dwelling(s).
Sn 5: Defence if (a) . . . had
no reason to believe that there was any person within hearing
or sight who was likely to be caused harassment, alarm or distress;
(b) had no reason to believe could be seen or heard outside dwelling(s).
Sn 4: (No need to prove intent if the other
person "is likely to believe that such violence will be provoked"—see
above)
Sn 4A: (Need to prove effect but not intent.—see
above)
Sn 5: (Need to prove likely, not actual, effect
and not intent.—see above)
Sn 4A, 5: (Defence of reasonable conduct)
British Humanist Association
4 December 2002
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