Section 146 Threatening, abusive or insulting behaviour towards emergency workersI1

England and Wales Not yet in force

(1)

A person (“D”) commits an offence if conditions 1 to 4 are met.

(2)

Condition 1 is that D—

(a)

uses towards an emergency worker (“E”) threatening, abusive or insulting words or behaviour, or

(b)

displays or gives to E any writing, sign or other visible representation which is threatening, abusive or insulting.

(3)

In this section “D’s relevant conduct” means the conduct of D that meets condition 1.

(4)

Condition 2 is that D—

(a)

intends the words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or

(b)

is aware that they may be threatening, abusive or insulting.

(5)

Condition 3 is that D’s relevant conduct is hostile towards E, within the meaning of section 148 (3).

(6)

Condition 4 is that D’s relevant conduct—

(a)

is engaged in by D with intent to make E believe, or is likely to make E believe, that immediate unlawful violence will be used against E by D,

(b)

is engaged in by D with intent to provoke, or is likely to provoke, the immediate use of unlawful violence against E by another person, or

(c)

is engaged in by D with intent to cause E harassment, alarm or distress, and causes E harassment, alarm or distress.

(7)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding the general limit in the magistrates’ court or a fine (or both);

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

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