Hatred Offences Flashcards
Publishing or distributing written material S19
A person who publishes or distributes written material which is threatening, abusive or insulting is guilty if
He intends thereby to stir up racial hatred
Having regard to all the circumstances racial hatred is likely to be stirred upon
Defence for S19
Not shown to have intended to stir up racial hatred to prove he was not aware of the content of the material and no reason to suspect he it was threatening, abusive or insulting
Use of words, behaviour or display of written material S29B
A person who uses threatening words or behaviour or displays any written material which is threatening if he intends thereby to stir up religious hatred or hatred on sexual orientation
Publishing or distributing material S29C
A person who publishes or distributes written material which is threatening is guilty of an offence if he intends to stir up religious hatred or hatred on the grounds of sexual orientation
What offences can be racially or religiously aggravated
Criminal damage
Harassment
Public order
Assaults
Section 28 crime and disorder act
defines “religious group” as a group of persons defined by reference to religious belief or lack of religious belief
How are two ways the offence can become racially or religiously aggravated
The offender demonstrates hostility towards the victim
The offences is motivated by such racial or religious hostility
What particular offences are racially or religiously aggravated
Criminal damage
Harassment
Putting people in fear of violence
Stalking
Stalking involving fear of violence
S39 assault
S47 ABH
S20 wounding
All public order
What time period are relevant for the offence
Immediately before, during or after
Section 18 public order act 1986
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.