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Public order offence for swearing during close pass

by the little onion

Thu, Oct 17, 2024 15:46

So here's an odd one. Just posting it here for any advice, though as a CyclingUK member, I'll also contact them to hear their view.

I was close passed in a really bad way a while back - basically, nearly squeezed between a barrier and a badly driven car. During the process, I "dropped the f-bomb" four times. I submitted the footage to the police, including an apologetic note for my language in the footage. The police are taking it further with the driver, apparently, but the driver has now complained that I was using foul and abusive language, and thus a public order offence. I'm now going to be interviewed under caution for a public order offence!

I've sent some footage to the police before which has included some fruity language, but never had anything like this before. Frankly, the whole thing is embarrasing that this has been taken this far. Surely there is no public interest in pursuing someone who lets their language standards dropped when narrowly escaping a serious road incident?

Any thoughts or advice welcome.

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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8 comments

stonojnr | 47 sec ago

0 likes

I'd question how did the driver heard the swearing to make such a complaint.

Had a driver yell something at me today, I'm sure he might have sworn at me else why say anything at all as we were travelling in opposite directions, all I heard was gobbledegook.

Rendel Harris | 17 min ago

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It would be immature to say just tell them to fuck off, so I won't do that...

Basically they will try to say that you have committed an offence under the Public Order Act 1986, but an offence is only committed if your words:

Are likely to cause fear of, or to provoke, immediate violence;
Intentionally cause harassment, alarm or distress;
Are likely to cause harassment, alarm or distress.

Just using "foul and abusive language" is not an offence. If all you've said is "For fuck's sake" or "fucking hell" or similar, ask them to explain how this would cause harrassment, harm or distress to a person locked inside an impregnable steel box when uttered by a cyclist. Deal with them with courtesy and respect, and when they've finished make a complaint to your local PCC and if you don't get a satisfactory response (which is almost guaranteed) escalate it to the IOPC. Good luck!

P.S. I'm sure that at whatever time you feel it appropriate road.cc would be very interested in your video and hearing your story too.

Hirsute | 1 hour ago

1 like

Take a lawyer.
There is a clear defence under (c)
(3)It is a defence for the accused to prove—

(a)that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or

(b)that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or

(c)that his conduct was reasonable.

But you'd need someone with legal expertise to demonstrate that.

Hirsute | 36 min ago

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If you are on twitter @markandcharlie Recently retired top road cop sympathetic to cyclists. Pretty sure he has made comments on this sort of issue.

edit:

"Anyone ever worrying about swearing on #3rdpartyreporting videos just listen to how many bleeps that have to put over my bodycam footage at the end of this "

https://x.com/markandcharlie/status/1511382988344508423

David9694 | 1 hour ago

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remove the soundtrack before you submit?

stonojnr replied to David9694 | 3 min ago

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I'm amazed anyone's camera picks up legible audio to begin with, my front camera sounds like it's stuck in a metal bucket full of bolts, whilst my rear camera sounds like it's stuck underwater, arguably because it has a rain protection cover which blocks the microphone, but the front has no such excuse.

I once submitted a clip and apologised for the noise because it was 5mins of hellish full volume audio white noise.

mdavidford | 3 hours ago

2 likes

Sounds like a box ticking exercise to me - a complaint's been made, so they have to go through the motions of talking to you before concluding that there's nothing to see here.

Probably best to get the advice of someone more qualified than internet lawyers, though.

HoarseMann | 3 hours ago

1 like

institutionally anti-cyclist

Sorry! But had to be said. Unfortunately, no advice because I'm in the TVP area and my recent experience with reports is a big black hole of nothingness. Although, I bet they'd be on it if someone complained about a cyclist under duress saying a rude word.

Quite frankly, I'm not sure this would get very far, possibly they're just trying to scare you off from submitting reports. Maybe they're hoping you will pleady guilty at interview so they can slap you with something and placate the driver.

I had a proper nutter run me off the road today, got out of his car and grabbed me. Really, this ought to be reported, an aggressive individual who needs taking off the roads. But I have no faith in the police anymore.

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