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Originally Posted by Anthony Butcher
I don't understand why any discretion is required. When did swearing become a crime? And why is it only a crime if a police officer is present? It clearly isn't a crime if it is said one a television or fim set, or in one's home.
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It's a crime if a Police Officer is not present - it's just that no-one else can do anything about it. It is covered by S5. of the Public Order Act 1986.
There are lots of things that aren't allowed in public but get on tv - sex for example, or even violence. The law states that no-one should impersonate Police Officers - yet 'The Bill' is broadcast, and people go to parties dressed as Policemen. Should they be arrested?
Don't understand why Police Officers have/should have discretion? Take a look here for a start:
http://faculty.ncwc.edu/toconnor/205/205lect09.htm