They will be fined at most.If this actually goes to court it's fucking nuts. What's to stop them summoning you to court next time you chuck a wanker sign at the ref or opposition? Or if you swear at them? The whole ethos of a football crowd is partly built around harassment of the opposition. Madness.
Section 4 of the Act applies where there is a fear or provocation of violence. The offence involves the use of threatening, abusive or insulting words or behaviour, such that another person either feared violence or it provoked them to use violence. It is a summary only offence which means it is dealt with in the Magistrates Court. The maximum sentence is 6 months BUT if the offence is racially aggravated then the case can be sent to the Crown Court and the maximum sentence is 2 years imprisonment.
Section 4A of the Act involves the intentional causing of harassment, alarm or distress. This means that the offender must intend to cause harassment, alarm or distress to another person and must act in a way that is abusive, threatening or insulting. It can be committed using words or behaviour. An example of this is shouting abuse towards another person intending that they feel insulted.
This offence is dealt with the in the Magistrates Court, with a maximum of 6 months custody and, as with Section 4 offences, if the offence is racially aggravated the Crown Court can impose a 2 year sentence.
Section 5 of the Act is covers the use of words, behaviour, gestures of signs where the defendant is aware that someone may be within hearing distance. This offence is very different from Section 4 and 4A because there doesn’t need to be any intention to cause harassment, alarm or distress. There is a defence that the behaviour was reasonable in the circumstances.
This offence is committed very regularly, even by swearing in the street. It can only be dealt with the Magistrates Court and the maximum sentence is a fine.
Public Order Act offences – explained! | Churchers | Leading Hampshire and Isle of Wight Solicitors
The law relating to public order offences can often seem complicated, so it is important to obtain expert legal advice...
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