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20 September 2007
Issue: 7289 / Categories: Legal News , Human rights
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Prosecutions unlikely under new hatred Act

News

Convictions under the Racial and Religious Hatred Act 2006—due to come into force in October—could be difficult because its free speech exemptions are so wide, lawyers say.

Using threatening words or behaviour to stir up religious hatred will become an imprisonable offence when the new law—which amends the Public Order Act 1986—comes in on 1 October 2007. It will extend protection to followers of all religions and offences can be written, spoken and broadcast or published words or actions. Religious hatred includes hatred against a group defined by their religious belief or lack of religious belief.

However, David Woods, a litigation specialist with Pinsent Masons, says the freedom of speech exemption is so wide that prosecutors may be deterred from bringing all but the clearest-cut cases of criminal behaviour: “Some accused will argue that their anti-religious behaviour was an expression of abuse or an effort to change someone’s beliefs, and that behaviour is lawful. The defence lawyer only needs to give grounds for a reasonable doubt to keep a client out of prison.”

“When the government proposed this law it said it was protecting the believer, not the belief. But that’s a distinction that defence teams will endeavour to exploit,” he adds.

Issue: 7289 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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