Hate crime

Question 1

Use of words, behaviour or display of written material - s18

Answer 1

s18 Public Order Act 1986
Either way
Offence for D to in public or private use threatening, abusive or insulting words or behaviour or displays written material either with intent to stir up racial hatred or as a result of which they are likely to stir up racial hatred.
In public or private.
Dwelling defence applies like other public order so if D was in dwelling and did not believe it would be seen or heard outside of that or any other dwelling.
Need AG consent to prosecute.

Question 2

Publishing or distributing written material - s19

Answer 2

s19 Public Order Act 1986
Either way
Offence for D to publish or distribute written material which is threatening, abusive or insulting if they intend to stir up racial hatred or in the circumstances racial hatred is likely to be stirred up.
Defence if D is proves he was not aware of the content of the material and did not suspect it was threatening, abusive or insulting.

Question 3

Use of words, behaviour or display of written material - s29B

Answer 3

s29B Public Order Act 1986
Either way
Offence if D in public or private uses threatening words or behaviour or displays written material with intent to stir up religious hatred or hatred on grounds of sexual orientation
Dwelling defence applies.

Question 4

Publishing or distributing material - s29C

Answer 4

s29C Public Order Act 1986
Either way
It is an offence for D to publish or distribute written material which is threatening if he intends to stir up religious hatred or hatred on grounds of sexual orientation

Question 5

How are s18 and 19 different from 29B and 29C

Answer 5

18 and 19 apply to threatening, abusive or insulting
29B and 29C apply to just threatening
18 and 19 apply if hatred is intentional or likely to be stirred up
29B and 29C only apply if D intends to stir up hatred