Can a Police Officer Be Alarmed and Distressed?

Yes. A police officer can be "a person likely to be caused harassment, alarm or distress" under section 5 of the Public Order Act 1986. The courts settled this in DPP v Orum [1988] 1 WLR 88. But — and this is where it matters — the threshold is higher because officers are expected to be "more robust" than ordinary members of the public.

Disclaimer: General information, not legal advice.

The Orum Principle

Anthony Orum was arrested after swearing at police officers dealing with a disturbance. He argued a trained officer could not be "alarmed and distressed." The Divisional Court disagreed: an officer can be a victim — but the court must factor in the officer's training. What would alarm a pensioner on a park bench might not alarm a police officer with ten years on the beat. The threshold is higher.

Harvey v DPP: Context Still Wins

In Harvey v DPP [2011], the High Court quashed a s.5 conviction because there was no evidence anyone was actually present to hear the swearing. Without an audience, no one could have been "likely" to be caused H/A/D. Orum says officers can be victims. Harvey says context still matters.

The Three Questions

1. Was the conduct threatening, abusive, or disorderly?
2. Was the officer likely to be caused H/A/D — bearing in mind they are expected to be more robust? (The Orum adjustment)
3. Was the conduct reasonable in the circumstances? (s.5(3)(c) defence — the defendant must prove this)

Practical Takeaways

1. Yes, an officer can be "alarmed and distressed."
2. But they are expected to be more robust — the bar is higher.
3. Context is still the single most important factor.
4. The reasonable conduct defence still applies — and the burden is on you.

Sources

• DPP v Orum [1988] 1 WLR 88
• Harvey v DPP [2011] EWHC 3990 (Admin)
• Public Order Act 1986, s.5 — legislation.gov.uk