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Old 23-04-2011, 16:30   #256
martyh
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Re: Gay couple claim they were ejected from pub for kissing

Quote:
Originally Posted by Mr Angry View Post
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.
You do realise that your interpretation of that piece of legislation has effectively outlawed all free speech and opinions

thank the lord you're not a judge
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