PART 2CRIMINAL LAW
Threatening or abusive behaviour
38Threatening or abusive behaviour
1
A person (“A”) commits an offence if—
a
A behaves in a threatening or abusive manner,
b
the behaviour would be likely to cause a reasonable person to suffer fear or alarm, and
c
A intends by the behaviour to cause fear or alarm or is reckless as to whether the behaviour would cause fear or alarm.
2
It is a defence for a person charged with an offence under subsection (1) to show that the behaviour was, in the particular circumstances, reasonable.
3
Subsection (1) applies to—
a
behaviour of any kind including, in particular, things said or otherwise communicated as well as things done, and
b
behaviour consisting of—
i
a single act, or
ii
a course of conduct.
4
A person guilty of an offence under subsection (1) is liable—
a
on conviction on indictment, to imprisonment for a term not exceeding 5 years, or to a fine, or to both, or
b
on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.