People who swear at police WILL be arrested says Met chief as he slams landmark legal ruling (2024)

By Richard Hartley-parkinson
Updated: 08:20 EDT, 23 November 2011

Yobs who swear at police will still face arrest, a top officer has warned despite a judge's ruling that it is not a crime.

Bernard Hogan-Howe, Scotland Yard Commissioner, said he was 'deeply disappointed' by a ruling by Mr Justice Bean that let a defendant off when he hurled abuse at officers trying to search him for cannabis.

Mr Justice Bean quashed a public order conviction handed to Denzel Cassius Harvey who repeatedly used the word 'f***'.

The judge overturned the sentence saying police were regularly on the receiving end of expletives.

Mr Hogan-Howe said: 'I can only speak as a police officer with a few years' experience. It is not acceptable to be sworn at for anybody, so why would it be any more acceptable for a police officer?

'Even if you accepted that argument, then it doesn't look too good, does it, in terms of respect?

'A police officer challenges [a suspect] about something and they stand there being abusive.

'I just don't understand how that works. So I am deeply disappointed by the decision, but I respect the fact that apparently it is a statement of the law.'

Mr Harvey, 20, from Hackney, was fined £50 at Thames Youth Court in March last year for repeatedly saying 'f***' at police officers when he was searched for cannabis.

Mr Hogan-Howe said he thought 'there were still opportunities for that arrest to happen' if a member of the public was being abusive towards an officer.

'Quite often they are threatening in their behaviour. They are being aggressive or moving towards you, waving their arms about or making threats as well as using abusive language.'

'Often when people are swearing at police officers, there are other things that are happening, for which they can be arrested,' he said on LBC radio.

'What we decide to make a charge on is a matter for either ourselves or the Crown Prosecution Service.

'So if we stick the charge at using obscene language, then it can be we make the wrong charge according to the Court of appeal, I understand, that's what I'm saying I accept.

'However, at the same time, if the person is using threatening behaviour or acting violently, or it looks as though there's going to be a breach of the peace but we decide not to charge that, we've missed an opportunity.

'So it's not making evidence up, it is not aggravating a situation, it's making sure we take all the circ*mstances into account and select the most appropriate charge.'

The ruling was seen to pave the way for scores of other louts to challenge their convictions for public order offences - and could even have forced police to pay them for wrongful arrest.

It also came just weeks after London Mayor Boris Johnson called for a zero-tolerance crackdown on those who abuse officers.

When no drugs were found on Mr Harvey following a search, he continued: 'Told you you wouldn’t find ***k all.'

After being asked whether he had a middle name, the surly yob replied: 'No – I've already ****ing told you so.'

Judge Bean claimed it was 'quite impossible to infer that the group of young people who were in the vicinity were likely to have experienced alarm or distress at hearing these rather commonplace swear words used'.