Intentional Harassment, Alarm or Distress
Encyclopedia
Intentional harassment, alarm or distress is a statutory offence in England and Wales
. It is an aggravated form of the offence of harassment, alarm or distress
under section 5 of the Public Order Act 1986
.
, which was inserted by section 154 of the Criminal Justice and Public Order Act 1994
:
. It is punishable with imprisonment
for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale
, or both.
.
(c.37) creates the distinct offence of racially or religiously aggravated intentional harassment, alarm or distress.
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. It is an aggravated form of the offence of harassment, alarm or distress
Harassment, Alarm or Distress
Harassment, alarm or distress is a statutory offence in England and Wales. It is also a term of art used in sections 4A and 5 of the Public Order Act 1986 .-The offence:...
under section 5 of the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
.
The offence
The offence is created by section 4A of the Public Order Act 1986Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
, which was inserted by section 154 of the Criminal Justice and Public Order Act 1994
Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
:
Mode of trial and sentence
This is a summary offenceSummary offence
A summary offence is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment .- United States :...
. It is punishable with imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale
Standard scale
The standard scale is a system whereby financial criminal penalties in legislation have maximum levels set against a standard scale. Then, when inflation makes it necessary to increase the levels of the fines the legislators need to modify only the scale rather than each individual piece of...
, or both.
Arrest
Section 4A(4) of the 1986 Act formerly provided that a constable (or designated person) could arrest without warrant anyone he reasonably suspected was committing this offence. This was repealed by section 174 of, and Part 2 of Schedule 17 to, the Serious Organised Crime and Police Act 2005Serious Organised Crime and Police Act 2005
The Serious Organized Crime and Police Act 2005 is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency, it also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the...
.
Racially or religiously aggravated offence
Section 31(1)(b) of the Crime and Disorder Act 1998Crime and Disorder Act 1998
The Crime and Disorder Act 1998 is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998...
(c.37) creates the distinct offence of racially or religiously aggravated intentional harassment, alarm or distress.