Section 147 Threatening or abusive behaviour likely to harass, alarm or distress emergency workersI1

England and Wales Not yet in force

(1)

A person (“D”) commits an offence if conditions 1 to 3 are met.

(2)

Condition 1 is that D—

(a)

uses threatening or abusive words or behaviour, or

(b)

displays any writing, sign or other visible representation which is threatening or abusive,

within the hearing or sight of an emergency worker (“E”) likely to be caused harassment, alarm or distress by D’s conduct.

(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 or abusive, or

(b)

is aware that they may be threatening or abusive.

(5)

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

(6)

It is a defence for D to show that—

(a)

D had no reason to believe that there was an emergency worker within hearing or sight who was likely to be caused harassment, alarm or distress, or

(b)

D’s conduct was reasonable.

(7)

D is to be taken to have shown a matter if—

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(8)

A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Annotations