did. DPP v Harvey (17 Nov 2011) [2011] EWHC 3992 (Admin), [2011] EWHC B1 (Admin) upheld an appeal quashing a conviction for a section 5 offence. The appellant had been searched by two Police Officers and swore at them. Neither officer said they were harassed, alarmed or distressed by the words and could not show how any member of the public was affected. Appeal held. Limits: Freedom of speech Clause (c) allows for a defence on the grounds of reasonable behaviour. This interpretation will depend upon case law. In Dehal v Crown Prosecution Service, Mr Justice Moses ruled that in cases involving freedom of expression, prosecution is unlawful unless it is necessary to prevent public disorder: "a criminal prosecution was unlawful as a result of section 3 of the Human Rights Act and Article 10 unless and until it could be established that such a prosecution was necessary in order to prevent public disorder". This case involved an individual placing a sign critical of religious leaders. Case law may go further and revolve around the prevention of violence. In considering another section 5 case, Lord Justice Auld, quoted Redmond-Bate v DPP (a case involving breach of the peace), "Free speech includes not only the inoffensive, but the irritating, the contentious, the eccentric, the heretical, the unwelcome and the provocative provided it does not tend to provoke violence". However, in Abdul v DPP, Lord Justice Gross, ruled that to some degree such rules were a matter of fact to be handled by lower courts and not a matter for appeal, stating "If the lower courts themselves approached the matter having duly considered all the relevant principles, the appellate courts will – also on established principles, applicable to appellate courts – be disinclined to interfere." noting that in Dehal v CPS the lower court had not considered Article 10 in any way. In a similar case, a defendant who displayed a poster saying "Islam out of Britain" found guilty and denied appeal. Mode of trial and sentence The offence created by section 5 is a summary offence. It is punishable with a fine not exceeding level 3 on the standard scale (£1,000 as of 2015). Arrest Sections 5(4) and (5) of the 1986 Act formerly provided a statutory power of arrest (which required a warning to be given beforehand). They were repealed by section 174 of, and Part 2 of Schedule 17