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Can I swear at the police?

There is no specific offence of swearing at a police officer, and in fact it is not a specific crime of swearing in public, only of causing “harassment alarm or distress” under the Act mentioned above. This requires some evidence of an individual being, or being likely to be, offended by the language used.

fosters-solicitors.co.uk - Is It OK To Swear At The Police? - Fosters Solicitors

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Many of the national newspapers are today carrying the story of the case of Harvey v Director of Public Prosecutions. This case involved overturning the conviction of a young man who repeatedly used the F word in front of two police officers who were searching him. The case has been widely interpreted as saying that it is acceptable to use foul language at the police and has been widely condemned as a further sign of the legal system being soft on anti social behaviour.

So is it now OK to swear at the police? What does the law say about the language that we hear more regularly on our streets?

In fact, all this case has done is clarify Section 5 of the Public Order Act 1986. There is no specific offence of swearing at a police officer, and in fact it is not a specific crime of swearing in public, only of causing “harassment alarm or distress” under the Act mentioned above. This requires some evidence of an individual being, or being likely to be, offended by the language used. In the Harvey case, the defendant was stopped in a group in the public area of a block of flats. The police wished to search him for drugs and he responded:

“F*** this, I haven’t been smoking anything.”

He was warned as to his behaviour and threatened with an arrest. Following the search which was negative he said “I told you wouldn’t find f*** all.” He was further warned, and in response to a question to give his full name he replied:

“I have already f****** told you”

He was then arrested and the Magistrates Court found him Guilty of causing harassment alarm or distress. It was this conviction that has been overturned, but sadly for the media, not because the Judge thinks it is OK to abuse the police. This case turned on the fact that the Prosecution failed to provide any evidence that the police were offended by a word that, whether we like it or not, is commonplace. They were not used as specific insults to the officers, just as the words themselves. Because of this the Court could not infer that as “robust” police officers, probably used to that sort of language, that any “harassment, alarm or distress” was caused. If the police had stated they were particularly offended by that word in the context it was used, or if there had been any evidence that other members of the public were present (other than the defendants’ friends, who gave every indication they were not offended) then the case might have been decided differently. Cases like this make good headlines, and suit the agenda of some of our newspapers who as we know, are perfectly entitled to sit in judgment on public morality given their own recent conduct(!) But perhaps all that has happened here is that the court have recognised that this is a word now part of everyday language for some, not illegal to use, and in the absence of any evidence to the contrary, has refused to accept simply using it should be a crime. Those same courts are often criticized for not moving with the times and not living in the real world, so perhaps we should not be so quick to criticise them when they do. There is an interesting and separate debate to be had about whether words themselves should be illegal, but that debate is for the politicians who draft our laws, not the courts that interpret them

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law.cornell.edu - 31 CFR § 100.5 - Mutilated paper currency. - Law.Cornell.Edu

§ 100.5 Mutilated paper currency.

(a) General. Lawfully held mutilated paper currency of the United States may be submitted for examination in accord with the provisions in this subpart. Such currency may be redeemed at face amount if sufficient remnants of any relevant security feature and clearly more than one-half of the original note remains. Fragments of such mutilated currency which are not clearly more than one-half of the original whole note or are lacking sufficient remnants of any relevant security feature will be redeemed at face value only if the Director, Bureau of Engraving and Printing, Department of the Treasury, is satisfied that the missing portions have been totally destroyed. The Director's judgment shall be based on such evidence of total destruction as is necessary and shall be final. Any submission under this subpart shall be deemed an acceptance of all provisions contained herein.

(b) Definitions. The following definitions are used in this subpart:

Mutilated currency is currency which has been damaged to the extent that:

(i) One-half or less of the original note remains; or

(ii) Its condition is such that its value is questionable and the currency must be forwarded to the Department of the Treasury for the examination by trained experts before any redemption is made. Unfit currency is currency which is unfit for further circulation because of its physical condition such as torn, dirty, limp, worn or defaced. Unfit currency should not be forwarded to the Department of the Treasury, but may be exchanged at commercial banks.

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