Under Public Order Act section 5, which action constitutes the offense?

Under Public Order Act section 5, which action constitutes the offense?

• A. Displaying any writing, sign or other visible representation which is threatening, abusive or insulting within the hearing or sight of a person likely to be harassed, alarmed or distressed thereby
• B. Damaging property
• C. Resisting a constable
• D. Using threatening words outside hearing range

Answer: (B)

Under Public Order Act section 5, the offense covers using threatening, abusive or insulting words or behavior toward a person, or displaying any writing, sign or visible representation that is threatening, abusive or insulting, in a way that is likely to harass, alarm or distress that person, and within their hearing or sight. This focuses on the impact on a person who can hear or see the conduct and the likelihood it would cause distress. Damaging property is a separate crime (criminal damage), not this public order offense. Resisting a constable is a different offense related to obstruction. Using threatening words outside hearing range wouldn’t meet the requirement that a person be harassed, alarmed or distressed by hearing or seeing the conduct, so it wouldn’t fit this section.

Under Public Order Act section 5, the offense covers using threatening, abusive or insulting words or behavior toward a person, or displaying any writing, sign or visible representation that is threatening, abusive or insulting, in a way that is likely to harass, alarm or distress that person, and within their hearing or sight. This focuses on the impact on a person who can hear or see the conduct and the likelihood it would cause distress.

Damaging property is a separate crime (criminal damage), not this public order offense. Resisting a constable is a different offense related to obstruction. Using threatening words outside hearing range wouldn’t meet the requirement that a person be harassed, alarmed or distressed by hearing or seeing the conduct, so it wouldn’t fit this section.