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Alarm Harassment Or Distress

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nailit | 20:25 Sat 01st Jun 2019 | Law
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Is there a UK law that identifies what EXACTLY constitutes alarm, harassment or distress?
Thanks?
Or is it a bit wishy washy?
TIA.
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Question Author
//Wish I'd known you didn't really want answers.//
EH?
//Not all of life fits into little labelled boxes//
But the law is supposed to?
Question Author
Mamy, why are you making unfounded assumptions?
Why do you think that I am asking for clarification of this law?
// Wish I'd known you didn't really want answers. //

think Brexit thread Mama
it is uncommon thank god for someone to ask a law question without letting on -" I was just wondering"

Feedback on Law - we dont think anyone has EVER taken any law advice offered - complete lack of feedback on what happened next

I am surprised Balders didnt recollect that a muslim as brown as can be complained to a policeman that he was alarmed and distressed byu a union flag being displayed in London -
I cant remember what happened
Your responses - sorry any info didn't help.

Peter you do right to avoid her.

Nor can I PP, care to explain please.
I am not sure how it ever can be anything but subjective on the part of the victim, although I guess there is also the question of intent?
.//Wish I'd known you didn't really want answers.//

//Mamy, why are you making unfounded assumptions?
Why do you think that I am asking for clarification of this law?//


because of this answer of yours
//Yes, some news items here and there and some You Tube vids ..... .......dependant upon interpretation.//

which had three of us thinking the question was hypothetical
Question Author
//I am not sure how it ever can be anything but subjective on the part of the victim//
Entirely my point.
Murder? Objective
Robbery? Objective
Rape? Objective
Drunk & Disorderly? Objective
Burgalry? Objective,
He's hurt my feelings...caused me alarm, harrasment and distress????

Come on PP, where have I ever mentioned a Muslim as brown as can be? that is just racist, why would I?
from the thread
https://www.cps.gov.uk/legal-guidance/racist-and-religious-hate-crime-prosecution-guidance

try it - it made my eyes glaze over...

The union flag complaint - nothing coming up on the internet
I recollect a thread where there were 50 instant replies with the usual suspects screaming their tots off .... -demands for capital punishment and finger nails to be pulled out, BEFORE any trial. You know the usual fare
The Crown Prosecution Service's website is a useful place for legal guidance. The CPS can't determine what the law does or doesn't prohibit but their lawyers take on board the decisions of our courts (particularly of the higher courts, where precedents are set) and use those to advise their staff as to whether a prosecution should be considered (or whether such a prosecution would be likely to succeed). That advice to their staff is in the public domain, here:
https://www.cps.gov.uk/legal-guidance/public-order-offences-incorporating-charging-standard
(Scroll down to 'Section 5')

It needs to be remembered that what you can lawfully say (or, more likely, shout) at one person might be unlawful when said/shouted at someone else. For example if you tell a little old lady in the street that she's a c*** and that she should f*** off, you stand a good chance of being prosecuted for using abusive words "within the hearing . . . of a person likely to be caused harassment, alarm or distress thereby". However if you shout exactly the same thing at a copper (and only he hears it) you can't be thus prosecuted because a court has ruled that, due to the nature of his job, it's unlikely that a police officer would be greatly alarmed, or suffer any great level of distress, through what you shouted.

And to address my question @ 2201 PP?
// Come on PP, where have I ever mentioned a Muslim as brown as can be? that is just racist, why would I?//

o calm down, calm down,
this is a standard AB thread - crazies to the left of you, zombies to the right ....
think - I am an ex marine, sticks and stones ....
( and I am not going to say, I didnt say you said,
I said I was surprised I was the only one to recollect it)

and um have you noticed - - most muslims here in the UK are brown?

and in Nailits list most of the objectives are subjective
( rape, drunkeness ) drinking driving and speeding are of course strictly objective

It certainly is subjective but there is also an objective test. Would a little old lady subject to aggression and foul language be alarmed? Almost certainly. Would a police officer in the same circumstances be alarmed? Almost certainly no, and there is case law to back this up. A man was arrested under the POA 1986 for telling a P.C. to eff off. The case was thrown out.
2 female cops barged in work today demanding to know if we had witnessed a mugging? No excuse me from them! We have cctv all over & had cops politely intruded we would offer cctv images. Due to cops harrassment I couldnt be bothered to check.
take on board the decisions of our courts (particularly of the higher courts, where precedents are set

BAILII site is the one for precedents
I thought this question was a - "just wondering" one
so didnt go there

perhaps I might ...
Question Author
//However if you shout exactly the same thing at a copper (and only he hears it) you can't be thus prosecuted because a court has ruled that, due to the nature of his job, it's unlikely that a police officer would be greatly alarmed, or suffer any great level of distress, through what you shouted.//

You got to be kidding Chris!
Ive been fined for much less.

This is a law that can be manipulated to mean whatever the powers that be want it to mean, Was just hoping for some clarification but obviously there is none.
// Almost certainly no, and there is case law to back this up. A man was arrested under the POA 1986 for telling a P.C. to eff off. The case was thrown out.//

I am feeling drawn to BAILII ....

Hi Jackay ! The leading case was 1957 some hairy Biker wore a jacket with ACAB on it ( I had to ask - All Coppers Are ***) I was so innocent in those days
and was indicted for the relevant offence ( 1936 public order probably) and was imprisoned ( cd it have been 2 y ?)

the case you refer to was within a few years
and was Mr Justice Bean - who threw the case out and said the police had to move with the times....he was at law school the year below me ( and er much better at law and oh his father was a judge)
I might look that one up

there is also case law on whether it is the policeman who can be alarmed and distressed ( erm no I think)
I know I have problems - I am a sad sad donkey

Would a judge like to be told to eff off in court? - Telegraph
https://www.telegraph.co.uk/.../Would-a-judge-like-to-be-told-to-eff-off-in-court.html
21 Nov 2011 - To permit people to swear freely at police undermines the rule of law and civilised society. ... Law and Order ... Mr Justice Bean's judgment at the Court of Appeal is not as idiosyncratic as it might appear ... that a case-hardened cop who must be accustomed to hearing such ..

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