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PART VI |
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INCITEMENT TO RELIGIOUS HATRED |
| Use of words or behaviour or display of written material. |
27. - (1) A person who uses threatening, abusive or insulting words or behaviour or who displays any written material which is threatening, abusive or insulting is guilty of an offence if-
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(a) he intends thereby to stir up hatred against a group of persons in Great Britain defined by reference to religious belief, or |
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(b) having regard to all the circumstances such hatred is likely to be stirred up thereby. |
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(2) An offence under this section may be committed in a public or in a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.
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(3) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.
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(4) In proceedings for an offence under this section it is a defence for the accused to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the written material displayed, would be heard or seen by a person outside that or any other dwelling.
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(5) This section does not apply to words or behaviour used, or written material displayed, solely for the purpose of being included in a programme broadcast or included in a cable programme service.
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| Publication or distribution of written material. |
28. A person who publishes or distributes written material which is threatening, abusive or insulting is guilty of an offence if-
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(a) he intends thereby to stir up hatred against a group of persons in Great Britain defined by reference to religious belief, or |
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(b) having regard to all the circumstances such hatred is likely to be stirred up thereby. |
| Procedure and penalties. |
29. - (1) No proceedings for an offence under this Part may be instituted in England or Wales except by or with the consent of the Attorney General.
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(2) A person guilty of an offence under this Part is liable-
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(a) on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both; |
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(b) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both. |
