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.