11 January 2007
R (Gosport Borough Council) v Fareham Magistrates’ Court [2006] EWHC 3047, [2006] All ER (D) 267 (Nov)
The reference to behaviour “likely to cause” harassment, alarm, or distress in s 1(1) of the Crime and Disorder Act 1998 (CDA 1998) permits police witnesses to give evidence that there were potential victims present who it was likely were caused harassment, alarm or distress. However, s 1(1)(a), CDA 1998 is not made out where it cannot be shown that a potential victim was present.
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