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| | a religion, religious belief or religious practice but is not also |
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280 | | reckless as to whether hatred would be stirred up against a |
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| | group of persons defined as mentioned in that section. |
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| | (3) | In this section references to religious beliefs and religious practices are |
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| | to the religious beliefs and religious practices (or the lack of such |
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| | beliefs or practices) of the members of a group of persons defined by |
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285 | | reference to religious belief or lack of religious belief. |
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| | 29L | Procedure and punishment |
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| | (1) | No proceedings for an offence under this Part may be instituted except |
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| | by or with the consent of the Attorney General. |
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| | (2) | For the purposes of the rules against charging more than one offence |
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290 | | in the same count or information, each of sections 29B to 29G creates |
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| | |
| | (3) | In proceedings for an offence under this Part in respect of any conduct, |
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| | it is irrelevant whether religious hatred was in fact stirred up by the |
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| | |
295 | | (4) | 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 |
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| | exceeding seven years or a fine or both; |
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| | (b) | on summary conviction to imprisonment for a term not |
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| | exceeding twelve months or a fine not exceeding the statutory |
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300 | | |
| | (5) | In relation to an offence committed before the commencement of |
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| | section 154(1) of the Criminal Justice Act 2003 (general limit on |
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| | magistrates’ courts power to impose imprisonment), the reference in |
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| | subsection (4)(b) to a period of imprisonment of twelve months is to |
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305 | | be read as a reference to a period of imprisonment of six months. |
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| | 29M | Offences by corporations |
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| | (1) | Where a body corporate is guilty of an offence under this Part and it is |
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| | shown that the offence was committed with the consent or connivance |
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| | of a director, manager, secretary or other similar officer of the body, |
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310 | | or a person purporting to act in any such capacity, he as well as the |
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| | body corporate is guilty of the offence and liable to be proceeded |
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| | against and punished accordingly. |
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| | (2) | Where the affairs of a body corporate are managed by its members, |
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| | subsection (1) applies in relation to the acts and defaults of a member |
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315 | | in connection with his functions of management as it applies to a |
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| | |
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| | |
| | “distribute”, and related expressions, shall be construed in |
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320 | | accordance with section 29C(3) (written material) and section |
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| | |
| | “dwelling” means any structure or part of a structure occupied as a |
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| | person’s home or other living accommodation (whether the |
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| | occupation is separate or shared with others) but does not include |
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325 | | any part not so occupied, and for this purpose “structure” |
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| |
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| | includes a tent, caravan, vehicle, vessel or other temporary or |
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| | |
| | “programme” means any item which is included in a programme |
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| | |
330 | | “programme service” has the same meaning as in the Broadcasting |
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| | |
| | “publish”, and related expressions, in relation to written material, |
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| | shall be construed in accordance with section 29C(3); |
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| | “religious hatred” has the meaning given by section 29A; |
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335 | | “recording” has the meaning given by section 29E(2), and “play” |
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| | and “show”, and related expressions, in relation to a recording, |
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| | shall be construed in accordance with that provision; |
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| | “written material” includes any sign or other visible |
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| | |
| As Amendments to Mr Secretary Clarke’s proposed Amendment to the Bill in lieu of Lords |
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| Mr Robert Marshall-Andrews |
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| Line 55, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 57, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 58, leave out from ‘hatred’ to end of line 60. |
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| Mr Robert Marshall-Andrews |
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| Leave out lines 71 to 76. |
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| Mr Robert Marshall-Andrews |
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| Line 76, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 82, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 83, leave out from ‘hatred’ to end of line 85. |
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| Mr Robert Marshall-Andrews |
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| Leave out lines 86 to 90. |
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| Mr Robert Marshall-Andrews |
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| Line 90, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 96, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 98, leave out from ‘hatred’ to end of line 100. |
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| Mr Robert Marshall-Andrews |
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| Leave out lines 101 to 109. |
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| Mr Robert Marshall-Andrews |
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| Line 108, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 144, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 146, leave out from ‘hatred’ to end of line 148. |
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| Mr Robert Marshall-Andrews |
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| Leave out lines 153 to 157. |
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| Mr Robert Marshall-Andrews |
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| Line 157, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 162, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 165, leave out from ‘hatred’ to end of line 167. |
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| Mr Robert Marshall-Andrews |
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| Leave out lines 173 to 193. |
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| Mr Robert Marshall-Andrews |
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| Line 193, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 197, leave out ‘abusive or insulting’. |
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| Mr Robert Marshall-Andrews |
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| Line 198, leave out ‘abusive or insulting’. |
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