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  • *The Public Order Act 1986, Section 5 states:

    (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.* *

    This offence has the following statutory defences:* *

    ** (1) The defendant had no reason to believe that there was any person within hearing or sight who was likely to be alarmed or distressed by his action.*** *

        (2) The defendant was in a dwelling and had no reason to believe  that his behaviour would be seen or heard by any person outside any  dwelling.
        (3) The conduct was reasonable.
    

    If there street was empty, and there was no chance of anyone being about then it cannot be S5. You can defend the charge on the basis that you had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment alarm or distress. You would have to prove this on the balance of probabilities.* *

    In the case of DPP v Orum 1988 it states that officers can be THAT PERSON but it depended on the facts. I think the point was that police officers are pretty robust and aren't easily harassed, alarmed or distressed. It all depends on the behaviour and the likely effect it would have on a robust police officer.*

    I'm fucked. But then you could always encourage them to swear at you... then section 5 them :)

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