Wonder what the law says
Discussion
This video appeared in the s
t driving thread. I've noticed similar videos and stills on social media and I'm wonder what the law has to say.
https://www.youtube.com/watch?v=84cCq-bzVHs&fe...
t driving thread. I've noticed similar videos and stills on social media and I'm wonder what the law has to say.https://www.youtube.com/watch?v=84cCq-bzVHs&fe...
The relevant law is contained in the You Should Get A Life And Stop Being Such A FOTL tt (Miscellaneous Provisions) (Amendment Number 2) Regulations 2017, but Supreme Court guidance is still awaited on the issue of whether it is compulsory to slap people who make videos of this kind, or just optional.
t (Miscellaneous Provisions) (Amendment Number 2) Regulations 2017, but Supreme Court guidance is still awaited on the issue of whether it is compulsory to slap people who make videos of this kind, or just optional. Bigends said:
ghe13rte said:
Shrug of the shoulders and walk away perhaps?
He's not harassing the operator - merely parking in front of the camera van.Here is the CPS take on harassment: "though harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person."
Seems to fit the situation as far as I am concerned.
If the operator was a civilian then harassment fits the offence, if it was a police constable then it is obstruction.
ghe13rte said:
The whole dialogue used by the cretin with the parked car was threatening. In particular "go away we don't want you round here" and "...these sumbags..." is sufficient. The camera operator may have made a better direct challenge to the questions of the hero of the people perhaps. It appears he did ask the chap to move but saying he couldn't park there wasn't right. A polite, "can you please move as I am trying to work.." would have done the job.
Here is the CPS take on harassment: "though harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person."
Seems to fit the situation as far as I am concerned.
If the operator was a civilian then harassment fits the offence, if it was a police constable then it is obstruction.
I'm too lazy and disinterested to engage in this behaviour myself, my wondering is purely 'what if' on an academic level.Here is the CPS take on harassment: "though harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person."
Seems to fit the situation as far as I am concerned.
If the operator was a civilian then harassment fits the offence, if it was a police constable then it is obstruction.
I can see a few holes in that theory. His accent is pretty offensive, but I can't see how his words could reasonable be said to be intended causing fear and distress unless the operator is an absolute snowflake. His communication was a response to the operator, he did not initiate it and was not apparently repeated. If he followed it to the new site, then yes.
These are not police officers, locally this is outsourced to a private company and I though that is the norm nationally, but that is an assumption.
4x4Tyke said:
ghe13rte said:
The whole dialogue used by the cretin with the parked car was threatening. In particular "go away we don't want you round here" and "...these sumbags..." is sufficient. The camera operator may have made a better direct challenge to the questions of the hero of the people perhaps. It appears he did ask the chap to move but saying he couldn't park there wasn't right. A polite, "can you please move as I am trying to work.." would have done the job.
Here is the CPS take on harassment: "though harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person."
Seems to fit the situation as far as I am concerned.
If the operator was a civilian then harassment fits the offence, if it was a police constable then it is obstruction.
I'm too lazy and disinterested to engage in this behaviour myself, my wondering is purely 'what if' on an academic level.Here is the CPS take on harassment: "though harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person."
Seems to fit the situation as far as I am concerned.
If the operator was a civilian then harassment fits the offence, if it was a police constable then it is obstruction.
I can see a few holes in that theory. His accent is pretty offensive, but I can't see how his words could reasonable be said to be intended causing fear and distress unless the operator is an absolute snowflake. His communication was a response to the operator, he did not initiate it and was not apparently repeated. If he followed it to the new site, then yes.
These are not police officers, locally this is outsourced to a private company and I though that is the norm nationally, but that is an assumption.
Having this sort of incident occur while you are carrying out what some determine a "controversial activity" is distressing I would say. In some areas and by the attitude, actions and language it can cause fear too. Especially when its from someone like the bloke making the video who uses language like "...this scum...". Offence complete.
By the way, there are no outsourced enforcement activities in the UK like you describe.
ghe13rte said:
I understand your opinion. There is no defence provided in the Act that would assist the offender because the "victim is a snowflake". Indeed the snowflake would simply cause the amount of harassment required to commit the offence to be less.
Having this sort of incident occur while you are carrying out what some determine a "controversial activity" is distressing I would say. In some areas and by the attitude, actions and language it can cause fear too. Especially when its from someone like the bloke making the video who uses language like "...this scum...". Offence complete.
By the way, there are no outsourced enforcement activities in the UK like you describe.
Where is mateys course of conduct here. Merely confronting someone over some action you may not agree with would not constitute an offence of harassment. Neither would there be a public order offence to record. Hes merely launched a reasonable one man protest against speed enforcement.Having this sort of incident occur while you are carrying out what some determine a "controversial activity" is distressing I would say. In some areas and by the attitude, actions and language it can cause fear too. Especially when its from someone like the bloke making the video who uses language like "...this scum...". Offence complete.
By the way, there are no outsourced enforcement activities in the UK like you describe.
4x4Tyke said:
Puzzled, what does Fruit of the Loom have to do with this?
FOTL: Freeman on the Land.https://rationalwiki.org/wiki/Freeman_on_the_land
ghe13rte said:
Bigends said:
ghe13rte said:
Shrug of the shoulders and walk away perhaps?
He's not harassing the operator - merely parking in front of the camera van.Here is the CPS take on harassment: "though harassment is not specifically defined in section 7(2) of the PHA, it can include repeated attempts to impose unwanted communications and contact upon a victim in a manner that could be expected to cause distress or fear in any reasonable person."
Seems to fit the situation as far as I am concerned.
If the operator was a civilian then harassment fits the offence, if it was a police constable then it is obstruction.
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