Hatred and Harassment Offences Flashcards
For the purposes of the offences contrary to ss 18 to 23 of the Public Order Act 1986, ‘racial hatred’ means what?
s17 Public Order Act 1986
Hatred against a group of persons defined by reference to colour, race nationality (including citizenship) or ethnic or national origins.
For the purposes of the offences contrary to ss 29B to 29G of the Public Order Act 1986, ‘religious hatred’ means what?
s29A
Hatred against a group of persons defined by reference to religious belief or lack of religious belief.
Use of words or behaviour or display of written material [racial hatred]
s18 Public Order Act 1986
(1) A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if—
(a) He intends thereby to stir up racial hatred, or
(b) Having regard to all the circumstances racial hatred is likely to be stirred up thereby.
(2) May be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 7 years and/ or fine.
Defences:
- Defence to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.
- Broadcast for TV
Which are the stirring up offences?
Note these cannot be prosecuted without the consent of the Attorney-General (or Solicitor General)?
s18 (Use of words or behaviour or display of written material [racial hatred])
s19 (Publishing or distributing written material [racial hatred])
s29B (Use of words or behaviour or display of written material [religious/ sexual orientation hatred])
s29C (Publishing or distributing written material [religious/ sexual orientation hatred])
Publishing or distributing written material [racial hatred]
s19 Public Order Act 1986
(1) A person who publishes or distributes written material which is threatening, abusive or insulting is guilty of an offence if—
(a) He intends thereby to stir up racial hatred, or
(b) Having regard to all the circumstances racial hatred is likely to be stirred up thereby.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 7 years and/ or fine.
Defences:
- Defence to prove that he was not aware of the content of the material and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.
Use of words or behaviour or display of written material [religious/ sexual orientation hatred]
s29B Public Order Act 1986
(1) A person who uses threatening or displays any written material which is threatening, abusive or insulting is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.
(2) May be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 7 years and/ or fine.
Defences:
- (29B(4)) Defence to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.
- (29B(5)) Broadcast for TV
Publishing or distributing written material [religious/ sexual orientation hatred]
s29C Public Order Act 1986
(1) A person who publishes or distributes written material which is threatening is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 7 years and/ or fine.
Defences:
- Defence to prove that he was not aware of the content of the material and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.
What is the difference between 29B/29C offences and the offences of stirring up racial hatred offences (s18/19)?
- The offences apply only to ‘threatening’ words or behaviour, rather than ‘threatening, abusive or insulting’ words or behaviour.
- The offences only apply to words or behaviour if the accused ‘intends’ to stir up religious hatred or hatred on the grounds of sexual orientation, rather than if hatred is either intentional or ‘likely’ to be stirred up.
What are the sections 1-5 of the Protection from Harassment Act 1997?
Harassment without violence (s 2)
Stalking (s 2a)
Civil remedies (s 3)
Injunctions (s 3A)
Putting people in fear of violence (s 4)
Stalking involving fear of violence or serious alarm or distress (s 4A)
Restraining orders (s 5)
Harassment
s1 Protection from Harassment Act 1997
(1) A person must not pursue a COURSE OF CONDUCT—
(a) Which amounts to harassment of another, and
(b) Which he knows or ought to know amounts to harassment of the other.
(1A) A person must not pursue a course of conduct —
(a) Which involves harassment of two or more persons, and…
(b) Which he knows or ought to know involves harassment of those persons, and…
(c) By which he intends to persuade any person—
(i) Not to do something that he is entitled or required to do, or
(ii) To do something that he is not under any obligation to do.
(2) …course of conduct…amounts to harassment…if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.
Penalty:
- Summarily– 6 months and/ or fine.
Under s 1(1) of the Protection from Harassment Act 1997, a ‘course of conduct’ exists when conduct is directed towards:
s7 Protection from Harassment Act 1997
- An individual on at least two occasions.
- Two or more people, and on at least one occasion in relation to each of those persons.
What may constitute as ‘harassment’?
s7 Protection from Harassment Act 1997
Causing alarm and/ or distress.
e.g a Police Officer may be alarmed for the safety of another.
To recap the s1 offence, you must prove that…
- The person pursued a course of conduct and
- The course of conduct amounted to harassment.
Aiding and Abetting Harassment
Once initiated, a person continues to pursue a course of conduct even when he/she does not personally harass the victim if they aid, abet, counsel or procure another who carries it out instead.
Defences:
- That the course of conduct was pursued for the purpose of preventing or detecting crime.
- That it was pursued under any rule of law.
- That the pursuit of the course of conduct was reasonable.
What are the two significant sources of power available to courts to allow them to deal with harassment under the 1997 act?
- Injunctions
- Restraining orders
Civil Remedies
s3 Protection from Harassment Act 1997
- A civil remedy refers to the remedy that a party has to pay to the victim of a wrong he commits.
- If distress is caused on only one occasion it may instead be the subject of such a claim.
- Could result in a court order to pay money and/or an injunction (a court order to impose sanctions on the offender).
Penalties for breaching:
- Summarily– 6 months and/ or fine.
- Indictment– 5 years and/ or fine.