Fear or Provocation of Violence
- Fear or Provocation of Violence
In English Law Fear or Provocation of Violence forms part of the
Public Order Act 1986 under section 4.The Public Order Act 1986 s.4 states:
1) A person is guilty of an offence if he -:a) uses towards another person threatening, abusive or insulting words or behaviour, or:b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that dwelling.
This offence can be Racially or Religiously aggravated (Crime and Disorder Act 1998, s31(1)(a)
Ramifications
* Statutory Power of Arrest
* Triable summarily (Can be brought before a Magistrates)
* Six months imprisonment and/or a fine
Racially or Religiously aggravated Fear or Provocation of Violence:
* Statutory Power of Arrest* Triable either way (Can be brought before a Magistrates court or Crown court)
* Two years imprisonment and/or a fine on indictment; six months imprisonment and/or a fine summarily
References
* Blackstones Police Manual Volume 4 General police duties, Fraser Simpson (2006). pp. 248. Oxford University Press. ISBN 0-19-928522-5
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