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Meaning of “transgender hatred”

29P     Meaning of “transgender hatred”

In this Part “transgender hatred” means hatred against a group of persons

defined by reference to transgender identity or appearance.

Acts intended to stir up transgender hatred

29Q    Use of words or behaviour or display or written material

(1)	A person who uses threatening, abusive or insulting words or behaviour, or

displays any written material which is threatening, abusive or insulting, is

guilty of an offence if—

(a)	he intends thereby to stir up transgender hatred, or

(b)	having regard to all the circumstances transgender hatred is likely to

be stirred up thereby.

(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.

29R        Publishing or distributing written material

(1)	A person who publishes or distributes written material which is threatening is

guilty of an offence if—

(a)	he intends thereby to stir up transgender hatred, or

(b)	having regard to all the circumstances transgender hatred is likely to

be stirred up thereby.

(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.

29S     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—

(a)	he intends thereby to stir up transgender hatred, or

(b)	having regard to all the circumstances (and, in particular, taking the

performance as a whole) transgender hatred is likely to be stirred up

thereby.

(2)	This section does not apply to a performance given solely or primarily for one

or more of the following purposes—

(a)	rehearsal,

(b)	making a recording of the performance, or

(c)	enabling the performance to be included in a programme service;

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

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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 performer,

(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 direction, and

(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—

(a)	section 9 (script as evidence of what was performed),

(b)	section 10 (power to make copies of script),

(c)	section 15 (powers of entry and inspection).

29T    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—

(a)	he intends thereby to stir up transgender hatred, or

(b)	having regard to all the circumstances transgender hatred is likely to

be stirred up thereby.

(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 section of the public.

(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.

29U    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—

(a)	he intends thereby to stir up transgender hatred, or

(b)	having regard to all the circumstances transgender hatred is likely to

be stirred up thereby.

(2)	The persons are—

(a)	the person providing the programme service,

(b)	any person by whom the programme is produced or directed, and

(c)	any person by whom offending words or behaviours are used.

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Inflammatory material

29V    Possession of inflammatory material

(1)	A person who has in his possession written material which is threatening,

abusive or insulting, or a recording of visual images or sounds which are

threatening, abusive or insulting, 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 himself or another,

is guilty of an offence if he intends transgender hatred to be stirred up thereby

or, having regard to all the circumstances, transgender hatred is likely to be

stirred up thereby.

(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

reasonably be inferred that he has, in view.

29W    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 materials or a recording in contravention of

section 29V, 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 29V, the sheriff

or justice may issue a warrant authorising any constable to enter and search the

premises where it is suspected the material or recording is situated.

(3)	A constable entering or searching premises in pursuance of a warrant issued

under this section may use reasonable force if necessary.

(4)	In this section “premises” means any place and, in particular, includes—

(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 movable structure.

29X     Power to order forfeiture

(1)	A court by or before which a person is convicted of—

(a)	an offence under section 29Q relating to the display of written

material, or

(b)	an offence under section 29R, 29T or 29V,

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 its 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

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may be instituted or, where such an appeal is duly instituted, until the

appeal is finally decided or abandoned.

(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.

Supplementary provisions

29Y    Savings for reports of parliamentary or judicial proceedings

(1)	Nothing in this Part applies to a fair and accurate report or 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 practicable and

lawful.

29YA   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 Attorney General.

(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 29Q to 29V

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 maximum or both.

29YB   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.

29YC   Interpretation

In this Part—

“distribute”, and related expressions, shall be construed in accordance with

section 29R(2) (written material) and section 29T(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

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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 movable structure;

“programme” means any item which is included in a programme service;

“programme service” has the same meaning as in the Broadcasting Act

1990;

“publish”, and related expressions, in relation to written material, shall be

construed in accordance with section 29R(2);

“recording” has the meaning given by section 29T(2) and “play” and

“show”, and related expressions, in relation to a recording, shall be

construed in accordance with that provision;

“transgender hatred” has the meaning given by section 29P;

“written material” includes any sign or other visible representation.”’.

Lynne Jones

ns2

To move the following Schedule:—

‘increase in sentences for aggravation related to transgender

1	Section 146 of the Criminal Justice Act 2003 (c. 44) (increase in sentences for

aggravation related to disability or sexual orientation) is amended as follows.

2	In the heading, after “disability” insert “, transgender”.

3	In subsection (2)(a)(ii) at end insert—

“(iii)

the transgender identity or appearance (or presumed

transgender identity) of the victim, or”.

4	In subsection (2)(b)(ii) at end insert “, or

(iii)

by hostility towards persons who have a transgender

identity or appearance.”’.

Secretary Jack Straw

104

Page  122,  line  19  [Schedule  1],  leave out ‘and’ and insert—

‘(ja)

paragraph 23A(2) and (4) (intoxicating substance treatment

requirement), and’.

Mr David Heath

David Howarth

Jenny Willott

196

Page  131,  line  35  [Schedule  1],  leave out ‘local authority residence requirement or

fostering requirement’ and insert ‘order under Part 1’.

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Criminal Justice and Immigration Bill, continued

Mr David Heath

David Howarth

Jenny Willott

197

Page  131,  line  36  [Schedule  1],  leave out from ‘not’ to second ‘in’ in line 37 and

insert ‘make an order under Part 1’.

Mr David Heath

David Howarth

Jenny Willott

198

Page  131  [Schedule  1],  leave out line 40 and insert—

‘(b)	the offender has waived his right to legal representation, having been

advised that this may have a strongly negative impact upon the

outcome of his case.’.

Mr David Heath

David Howarth

Jenny Willott

199

Page  131,  line  41  [Schedule  1],  leave out sub-paragraph (2).

Mr David Heath

David Howarth

Jenny Willott

200

Page  132,  line  4  [Schedule  1],  leave out sub-paragraph (3).

Secretary Jack Straw

105

Page  133,  line  47  [Schedule  1],  at end insert ‘or experience’.

Secretary Jack Straw

106

Page  135,  line  21  [Schedule  1],  at end insert—

‘Intoxicating substance treatment requirement

23A(1)

In this Part of this Act, “intoxicating substance treatment requirement”, in

relation to a youth rehabilitation order, means a requirement that the offender

must submit, during a period or periods specified in the order, to treatment, by

or under the direction of a person so specified having the necessary

qualifications or experience, with a view to the reduction or elimination of the

offender’s dependency on or propensity to misuse intoxicating substances.

Consideration of Bill: 9th January 2008

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Criminal Justice and Immigration Bill, continued

(2)	A court may not include an intoxicating substance treatment requirement in a

youth rehabilitation order unless it is satisfied—

(a)	that the offender is dependent on, or has a propensity to misuse,

intoxicating substances, and

(b)	that the offender’s dependency or propensity is such as requires and

may be susceptible to treatment.

(3)	The treatment required during a period specified under sub-paragraph (1) must

be such one of the following kinds of treatment as may be specified in the

youth rehabilitation order—

(a)	treatment as a resident in such institution or place as may be specified

in the order, or

(b)	treatment as a non-resident at such institution or place, and at such

intervals, as may be so specified,

but the order must not otherwise specify the nature of the treatment.

(4)	A court may not include an intoxicating substance treatment requirement in a

youth rehabilitation order unless—

(a)	the court is satisfied that arrangements have been or can be made for

the treatment intended to be specified in the order (including, where

the offender is to be required to submit to treatment as a resident,

arrangements for the reception of the offender),

(b)	the requirement has been recommended to the court as suitable for the

offender by a member of a youth offending team or by an officer of a

local probation board, and

(c)	the offender has expressed willingness to comply with the

requirement.

(5)	In this paragraph “intoxicating substance” means—

(a)	alcohol, or

(b)	any other substance or product other than a drug which is, or the fumes

of which are, capable of being inhaled or otherwise used for the

purpose of causing intoxication.

(6)	In sub-paragraph (5)(b) “drug” means a controlled drug as defined by section

2 of the Misuse of Drugs Act 1971 (c. 38).’.

Secretary Jack Straw

107

Page  141,  line  28  [Schedule  1],  at end insert—

	‘An intoxicating substance	The person specified under paragraph 23A(1).’.
	treatment requirement.

---

Revised 9 January 2008