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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

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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