Wednesday, November 23, 2011

Score one for sagacity.

I've had occasion before to comment on Section 5 of the Public Order Act 1986 which essentially makes it an offence to use language which someone else finds insulting - and the inference is that it's a matter for them as to whether they do or not.  Well a recent case has somewhat redressed the balance.  A young man repeatedly swore at the police while they were searching him for drugs and, finding none, they arrested him under the provisions of the said section.  In a decision of startling common sense, the Court of Appeal upheld the young man's assertion that the police must be so used to being sworn at that they could not realistically claim to be offended by it. So hopefully the test in the future will not depend simply on a bald assertion by the person concerned that they were offended, but will be subject to an examination as to whether it was realistic and reasonable that they should have felt that way.

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