Quote:
Originally Posted by martyh
It is a defence ,as stated in the act ,that a person has no reason to believe that someone is likely to be caused harassment,alarm or distress ,in other words ..did not intend offence to anyone .It also has to be noted that to cause distress or harassment by saying something like "i don't like gays" has to be directed to someone ,simply stating an opinion in general cannot cause either .If a person says "i don't like you because you are gay"you may have a point especially if it is said in a threatening manner
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Again, Section 5 of the Public Order Act "Harassment, alarm or distress" makes no mention of "intent".
Additionally it is not a defence for a defendant to "state" that he or she had "no reason to believe that someone is likely to be caused harassment,alarm or distress" the defence requires the defendant to prove that to be the case.
"(3)It is a defence for the accused to prove"
As such the opinion of the defendant as to whether his / her statements were insulting or causing distress - whether directed at an individual or not - is irrelevant.