Stirring up Hatred- Introduction Flashcards
Q: What Act deals with offences involving racial, religious, or sexual orientation hatred?
Public Order Act 1986- this contains specific offences relating to ‘stirring up’ hatred against someone.
Q: What does ‘stirring up’ mean?
It is not defined in the legislation but is a form of incitement. It means encouraging or arousing/attempting to arouse hatred against others.
Q: What does the Act cover?
Originally, the Public Order Act only covered stirring up hatred against someone based on their race. This was extended in 2006 to also cover religious beliefs (or lack of them) and again extended in 2008 to cover sexual orientation.
Q: What are the 4 offences under the Public Order Act 1986?
The Act contains 4 offences.
S18- relates to use of words or behaviour or the display of written material with the intent to stir up racial hatred
S19- publishing or displaying such material
S29B and s29C- contain similar provisions relating to religious beliefs or sexual orientation
Q: What type of offence are they? What sentence do they all carry?
All the offences are triable either way.
Maximum sentence of 7 years when tried on indictment in the crown court.
Q: Whose approval is needed for a prosecution?
All require the approval of the Attorney General or Solicitor General for a prosecution. This is because of the potential conflict with rights of free speech and expression.
Q: What must be balanced when deciding whether to prosecute?
CPS guidance- it is essential that prosecutors keep in mind that in a free, democratic, and tolerant society people are able to robustly exchange views, even when these may cause offence.
Rights of an individual to freedom of individual expression must be balanced against the duty of the state to act proportionately in the interests of public safety, to prevent disorder and crime and to protect the rights of others.
