|
|
| |
|
|
|
Racial and Religious Hatred Bill |
|
[The page and line references are to HL Bill 15, the bill as first printed for the Lords.] |
|
|
|
1 | Page 1, line 2, leave out “Part 3 of” |
|
2 | Page 1, line 6, leave out paragraph (b) |
|
|
3 | Page 1, line 11, after “3” insert “or 3A” |
|
|
4 | Leave out the Schedule and insert the following new Schedule— |
|
| “Hatred against persons on religious grounds |
|
| | In the Public Order Act 1986 (c. 64), after Part 3 insert— |
|
| |
| Hatred against persons on religious grounds |
|
| Meaning of “religious hatred” |
|
| 29A | Meaning of “religious hatred” |
|
| | In this Part “religious hatred” means hatred against a group of |
|
| persons defined by reference to religious belief or lack of |
|
| |
|
|
| |
| |
|
| Acts intended to stir up religious hatred |
|
| 29B | Use of words or behaviour or display of written material |
|
| (1) | A person who uses threatening words or behaviour, or displays |
|
| any written material which is threatening, is guilty of an offence |
|
| if he intends thereby to stir up religious hatred. |
|
| (2) | An offence under this section may be committed in a public or 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. |
|
| (3) | A constable may arrest without warrant anyone he reasonably |
|
| suspects is committing an offence under this section. |
|
| (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. |
|
| (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 service. |
|
| 29C | Publishing or distributing written material |
|
| (1) | A person who publishes or distributes written material which is |
|
| threatening is guilty of an offence if he intends thereby to stir up |
|
| |
| (2) | References in this Part to the publication or distribution of |
|
| written material are to its publication or distribution to the public |
|
| or a section of the public. |
|
| 29D | Public performance of play |
|
| (1) | If a public performance of a play is given which involves the use |
|
| of threatening words or behaviour, any person who presents or |
|
| directs the performance is guilty of an offence if he intends |
|
| thereby to stir up religious hatred. |
|
| (2) | This section does not apply to a performance given solely or |
|
| primarily for one or more of the following purposes— |
|
| |
| (b) | making a recording of the performance, or |
|
| (c) | enabling the performance to be included in a programme |
|
| |
| | but if it is proved that the performance was attended by persons |
|
| other than those directly connected with the giving of the |
|
| performance or the doing in relation to it of the things mentioned |
|
| in paragraph (b) or (c), the performance shall, unless the contrary |
|
| is shown, be taken not to have been given solely or primarily for |
|
| the purpose mentioned above. |
|
| (3) | For the purposes of this section— |
|
|
|
| |
| |
|
| (a) | a person shall not be treated as presenting a performance |
|
| of a play by reason only of his taking part in it as a |
|
| |
| (b) | a person taking part as a performer in a performance |
|
| directed by another shall be treated as a person who |
|
| directed the performance if without reasonable excuse he |
|
| performs otherwise than in accordance with that person’s |
|
| |
| (c) | a person shall be taken to have directed a performance of |
|
| a play given under his direction notwithstanding that he |
|
| was not present during the performance; |
|
| | and a person shall not be treated as aiding or abetting the |
|
| commission of an offence under this section by reason only of his |
|
| taking part in a performance as a performer. |
|
| (4) | In this section “play” and “public performance” have the same |
|
| meaning as in the Theatres Act 1968. |
|
| (5) | The following provisions of the Theatres Act 1968 apply in |
|
| relation to an offence under this section as they apply to an |
|
| offence under section 2 of that Act— |
|
| section 9 (script as evidence of what was performed), |
|
| section 10 (power to make copies of script), |
|
| section 15 (powers of entry and inspection). |
|
| 29E | Distributing, showing or playing a recording |
|
| (1) | A person who distributes, or shows or plays, a recording of |
|
| visual images or sounds which are threatening is guilty of an |
|
| offence if he intends thereby to stir up religious hatred. |
|
| (2) | In this Part “recording” means any record from which visual |
|
| images or sounds may, by any means, be reproduced; and |
|
| references to the distribution, showing or playing of a recording |
|
| are to its distribution, showing or playing to the public or a |
|
| |
| (3) | This section does not apply to the showing or playing of a |
|
| recording solely for the purpose of enabling the recording to be |
|
| included in a programme service. |
|
| 29F | Broadcasting or including programme in programme service |
|
| (1) | If a programme involving threatening visual images or sounds is |
|
| included in a programme service, each of the persons mentioned |
|
| in subsection (2) is guilty of an offence if he intends thereby to stir |
|
| |
| |
| (a) | the person providing the programme service, |
|
| (b) | any person by whom the programme is produced or |
|
| |
| (c) | any person by whom offending words or behaviour are |
|
| |
|
|
| |
| |
|
| |
| 29G | Possession of inflammatory material |
|
| (1) | A person who has in his possession written material which is |
|
| threatening, or a recording of visual images or sounds which are |
|
| threatening, with a view to— |
|
| (a) | in the case of written material, its being displayed, |
|
| published, distributed, or included in a programme |
|
| service whether by himself or another, or |
|
| (b) | in the case of a recording, its being distributed, shown, |
|
| played, or included in a programme service, whether by |
|
| |
| | is guilty of an offence if he intends religious hatred to be stirred |
|
| |
| (2) | For this purpose regard shall be had to such display, publication, |
|
| distribution, showing, playing, or inclusion in a programme |
|
| service as he has, or it may be reasonably be inferred that he has, |
|
| |
| 29H | Powers of entry and search |
|
| (1) | If in England and Wales a justice of the peace is satisfied by |
|
| information on oath laid by a constable that there are reasonable |
|
| grounds for suspecting that a person has possession of written |
|
| material or a recording in contravention of section 29G, the |
|
| justice may issue a warrant under his hand authorising any |
|
| constable to enter and search the premises where it is suspected |
|
| the material or recording is situated. |
|
| (2) | If in Scotland a sheriff or justice of the peace is satisfied by |
|
| evidence on oath that there are reasonable grounds for |
|
| suspecting that a person has possession of written material or a |
|
| recording in contravention of section 29G, the sheriff or justice |
|
| may issue a warrant authorising any constable to enter and |
|
| search the premises where it is suspected the material or |
|
| |
| (3) | A constable entering or searching premises in pursuance of a |
|
| warrant issued under this section may use reasonable force if |
|
| |
| (4) | In this section “premises” means any place and, in particular, |
|
| |
| (a) | any vehicle, vessel, aircraft or hovercraft, |
|
| (b) | any offshore installation as defined in section 12 of the |
|
| Mineral Workings (Offshore Installations) Act 1971, and |
|
| (c) | any tent or moveable structure. |
|
| 29I | Power to order forfeiture |
|
| (1) | A court by or before which a person is convicted of— |
|
| (a) | an offence under section 29B relating to the display of |
|
| |
| (b) | an offence under section 29C, 29E or 29G, |
|
|
|
| |
| |
|
| | shall order to be forfeited any written material or recording |
|
| produced to the court and shown to its satisfaction to be written |
|
| material or a recording to which the offence relates. |
|
| (2) | An order made under this section shall not take effect— |
|
| (a) | in the case of an order made in proceedings in England |
|
| and Wales, until the expiry of the ordinary time within |
|
| which an appeal may be instituted or, where an appeal is |
|
| duly instituted, until it is finally decided or abandoned; |
|
| (b) | in the case of an order made in proceedings in Scotland, |
|
| until the expiration of the time within which, by virtue of |
|
| any statute, an appeal may be instituted or, where such |
|
| an appeal is duly instituted, until the appeal is finally |
|
| |
| (3) | For the purposes of subsection (2)(a)— |
|
| (a) | an application for a case stated or for leave to appeal shall |
|
| be treated as the institution of an appeal, and |
|
| (b) | where a decision on appeal is subject to a further appeal, |
|
| the appeal is not finally determined until the expiry of the |
|
| ordinary time within which a further appeal may be |
|
| instituted or, where a further appeal is duly instituted, |
|
| until the further appeal is finally decided or abandoned. |
|
| (4) | For the purposes of subsection (2)(b) the lodging of an |
|
| application for a stated case or note of appeal against sentence |
|
| shall be treated as the institution of an appeal. |
|
| 29J | Protection of freedom of expression |
|
| | Nothing in this Part shall be read or given effect in a way which |
|
| prohibits or restricts discussion, criticism or expressions of |
|
| antipathy, dislike, ridicule, insult or abuse of particular religions |
|
| or the beliefs or practices of their adherents, or of any other belief |
|
| system or the beliefs or practices of its adherents, or proselytising |
|
| or urging adherents of a different religion or belief system to |
|
| cease practising their religion or belief system. |
|
| |
| 29K | Savings for reports of parliamentary or judicial proceedings |
|
| (1) | Nothing in this Part applies to a fair and accurate report of |
|
| proceedings in Parliament or in the Scottish Parliament. |
|
| (2) | Nothing in this Part applies to a fair and accurate report of |
|
| proceedings publicly heard before a court or tribunal exercising |
|
| judicial authority where the report is published |
|
| contemporaneously with the proceedings or, if it is not |
|
| reasonably practicable or would be unlawful to publish a report |
|
| of them contemporaneously, as soon as publication is reasonably |
|
| |
| 29L | Procedure and punishment |
|
| (1) | No proceedings for an offence under this Part may be instituted |
|
| in England and Wales except by or with the consent of the |
|
| |
|
|
| |
| |
|
| (2) | For the purposes of the rules in England and Wales against |
|
| charging more than one offence in the same count or information, |
|
| each of sections 29B to 29G creates one offence. |
|
| (3) | A person guilty of an offence under this Part is liable— |
|
| (a) | on conviction on indictment to imprisonment for a term |
|
| not exceeding seven years or a fine or both; |
|
| (b) | on summary conviction to imprisonment for a term not |
|
| exceeding six months or a fine not exceeding the statutory |
|
| |
| 29M | Offences by corporations |
|
| (1) | Where a body corporate is guilty of an offence under this Part |
|
| and it is shown that the offence was committed with the consent |
|
| or connivance of a director, manager, secretary or other similar |
|
| officer of the body, or a person purporting to act in any such |
|
| capacity, he as well as the body corporate is guilty of the offence |
|
| and liable to be proceeded against and punished accordingly. |
|
| (2) | Where the affairs of a body corporate are managed by its |
|
| members, subsection (1) applies in relation to the acts and |
|
| defaults of a member in connection with his functions of |
|
| management as it applies to a director. |
|
| |
| |
| “distribute”, and related expressions, shall be construed in |
|
| accordance with section 29C(2) (written material) and |
|
| section 29E(2) (recordings); |
|
| “dwelling” means any structure or part of a structure |
|
| occupied as a person’s home or other living |
|
| accommodation (whether the occupation is separate or |
|
| shared with others) but does not include any part not so |
|
| occupied, and for this purpose “structure” includes a tent, |
|
| caravan, vehicle, vessel or other temporary or moveable |
|
| |
| “programme” means any item which is included in a |
|
| |
| “programme service” has the same meaning as in the |
|
| |
| “publish” and related expressions, in relation to written |
|
| material, shall be construed in accordance with section |
|
| |
| “religious hatred” has the meaning given by section 29A; |
|
| “recording” has the meaning given by section 29E(2), and |
|
| “play” and “show”, and related expressions, in relation to |
|
| a recording, shall be construed in accordance with that |
|
| |
| “written material” includes any sign or other visible |
|
| |
|