Intentional harassment, alarm or distress is a
statutory
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...
offence in
England and Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...
. It is an aggravated form of the offence of
harassment, alarm or distress
Harassment, alarm or distress is an element of a statutory offence in England and Wales, arising from an expression used in sections 4A and 5 of the Public Order Act 1986, which created the offence. The Act was amended in 1994.
The offence
The ...
under section 5 of the
Public Order Act 1986.
The offence
The offence is created by section 4A of the
Public Order Act 1986, which was inserted by section 154 of the
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 (c.33) is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the law, most notably in the restriction and reduction of existing rights, clamping down on unlicensed r ...
:
Mode of trial and sentence
This is a
summary offence. It is punishable with
imprisonment for a term not exceeding six months, or a fine not exceeding
level 5 on the
standard scale, or both.
[The Public Order Act 1986, section 4A(5)]
Arrest
Section 4A(4) of the 1986 Act formerly provided that a constable (or
designated person
Designation (from Latin ''designatio'') is the process of determining an incumbent's successor. A candidate that won an election for example, is the ''designated'' holder of the office the candidate has been elected to, up until the candidate's i ...
) could arrest without warrant anyone he reasonably suspected was committing this offence. This was repealed by section 174 of, and Part 2 of Schedule 17 to, the
Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and si ...
.
Racially or religiously aggravated offence
Section 31(1)(b) of the
Crime and Disorder Act 1998
The Crime and Disorder Act 1998 (c.37) is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex ...
(c.37) creates the distinct offence of
racially or religiously aggravated intentional harassment, alarm or distress.
Notes
References
* Blackstones Police Manual Volume 4 General police duties, Fraser Simpson (2006). pp. 251. Oxford University Press. {{ISBN, 0-19-928522-5
Rowan Atkinson's speech at Reform Section 5 Parliamentary reception– ''YouTube''
Freedom of speech
Harassment law
English legal terminology