Correct on the date of publication - 20 July 2026
Question:
If, upon dealing with an offending motorist stopped on a public road, he were to become verbally abusive (perhaps using obscene language in an aggressive manner), whilst still sat in his vehicle, could the provisions of the Public Order Act 1986 be used?
Answer:
The offences of -
- fear or provocation of violence, (section 4 of the Public Order Act 1986;
- intentional harassment, alarm or distress, (section 4A); and
- harassment, alarm or distress, (section 5)
may be committed in a public place or a private place, except that no offence is committed where the offending conduct is carried out by a person inside a dwelling and the other person, i.e. the person fearing violence, harassment, alarm or distress etc., is also in that or another dwelling. That the individual was in his vehicle is, therefore inconsequential in this scenario.
The evidential issue in the circumstances described is not so much that the motorist was sat in his vehicle, but whether the conduct might induce the consequences described in the respective sections.
In the context of a prosecution under section 5 of the Act, (harassment, alarm or distress); in Director of Public Prosecutions v Orum (1988), the Divisional Court held that a police officer might be the person caused harassment, alarm or distress, but in view of the nature of a police officer's day to day work, it remained the prerogative of the justices to decide that the conduct did not have such effect. The evidential consideration raised by the Orum case, would be eased if there were evidence of passers-by or bystanders being clearly alarmed etc. by the individual's conduct.
However, there is no rule specifically that the offence cannot be made out if the only person who sees or hears the defendant's conduct in a police officer (Southard v DPP [2006] EWHC 3449 (Admin)).
When one looks at case law on the question of whether foul language is capable of being abusive when addressed to a police officer, the court has said it always turns on the context and the circumstances (Williams v CPS [2018] EWHC 2869 (Admin)).
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