Offensive Behaviour
Threatening words or behaviour
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Act
|
S 51 Criminal Justice & Public Order Act 1994
|
|
Points to prove
|
use
- threatening/abusive/insulting
- word/behaviour
- towards other person OR
distribute/display to another
- threatening /abusive/insulting
- writing/sign/visible representation
with intent to:
cause that person to believe
immediate unlawful violence used or provoked against him by defendant or another
or person likely to believe such violence will be used or likely to be provoked
|
|
Penalty
|
Summary 6 months
|
|
Power of arrest
|
Found committing
|
Racially Aggravated Threatening words or behaviour
|
Act
|
S31(1)a & (4) Crime & Disorder Act 1998
|
|
Points to prove
|
As above, plus:
That the offence was racially aggravated in accordance with s28 Crime & Disorder
Act 1998
|
|
Enhanced Penalty
|
On indictment, 2 years
|
On indictment, 2 years Disorderly Conduct
|
Act
|
S 5 Public Order act 1986
|
|
Points to prove
|
Uses threatening/abusive/insulting
words or behaviour OR
disorderly behaviour OR
displays writing/sign/visible representation
within hearing/sight of
person likely to be caused
harassment, alarm or distress
|
|
Penalty
|
Fine not exceeding level 3
|
|
Power of arrest
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Found committing, but only after warning if conduct continues
|
Racially Aggravated Disorderly Conduct
|
Act
|
S31(1)c Crime & Disorder Act 1998
|
|
Points to prove
|
As above, plus:
That the offence was racially aggravated in accordance with s28 Crime & Disorder
Act 1998
|
|
Enhanced Penalty
|
Fine not exceeding level 4
|
Note: Offences contrary to s31(1)a and b of the Crime & Disorder Act 1998 may be
tried on indictment. If the jury finds not guilty by virtue of lack of proof of the
racial aggravation, it may convict on the basic, non-aggravated offences contrary
to S4 and 4A respectively of the Public Order Act 1986. Racially aggravated disorderly
conduct, contrary to s31(1) c of the Crime & Disorder Act 1998, being a summary offence
only, allows for no alternative verdict.
Harassment/stalking without violence
|
Act
|
S 2 Protection form Harassment Act 1997
|
|
Points to prove
|
Pursue a course of conduct (harassment) one at least two occasions whilst knowing/ought
to know amounts to harassment of another.
|
|
Penalty
|
Summary 6 months and court may impose restraining order.
|
|
Power of arrest
|
Arrestable offence
|
Racially Aggravated Harassment/stalking without violence
|
Act
|
S32(1)a & (3) Crime & Disorder Act 1998
|
|
Points to prove
|
As above, plus:
That the offence was racially aggravated in accordance with s28 Crime & Disorder
Act 1998
|
|
Enhanced Penalty
|
On indictment 2 years
|
Harassment/stalking with fear of violence
|
Act
|
S 4 Protection form Harassment Act 1997
|
|
Points to prove
|
Knows /ought to know a course of conduct on at least two occasions causes another
to fear violence will be used against him/her
|
|
Penalty
|
On indictment 5 years
|
|
Power of arrest
|
Arrestable offence
|
Racially Aggravated Harassment/stalking with Violence
|
Act
|
S32(1)b & (4) Crime & Disorder Act 1998
|
|
Points to prove
|
As above, plus:
That the offence was racially aggravated in accordance with s28 Crime & Disorder
Act 1998
|
|
Enhanced Penalty
|
On indictment 7 years
|
|
