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16 March 2007 / Andrew Keogh
Issue: 7264 / Categories: Features
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Crime Brief

Ambush defences not to be tolerated, Crediting of time on remand, Sentencing principles, New drug testing powers for police

RACIALLY AGGRAvaTED OFFENCE

R v Rogers [2007] UKHL 8, [2007] All ER (D) 359 (Feb)

The defendant directed abuse at a group of Spanish women, and used the phrase “bloody foreigners”. The defendant appealed against conviction for an offence of racially aggravated threatening behaviour, contrary to the Public Order Act 1986, s 4 and the Crime and Disorder Act 1998 (CDA 1998), s 31(1)(a), arguing that the phrase used was not capable of demonstrating hostility based on membership of a racial group. It was accepted by the defendant that if he had used the phrase “bloody Spaniards” then he would be guilty.

HELD
(i) The definition of a racial group clearly goes beyond groups defined by their colour, race or ethnic origin. It encompasses both nationality (including citizenship) and
national origins.
(ii) The statute intended a broad non-technical approach, rather than a construction which invited distinctions. This flexible, non-
technical approach makes sense, not only as a matter of language, but also in policy terms. The mischiefs attacked by

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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