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309

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 12 March 2009

 

For other Amendment(s) see the following page(s) of Supplement to Votes:

 

189-91, 235-36, 255-56, 267-68, 275 and 295

 

Consideration of Bill


 

Policing and Crime Bill, As Amended

 

Hatred against uniformed military personnel on official duties

 

David T. C. Davies

 

NC13

 

To move the following Clause:—

 

‘In the Public Order Act 1986 (c. 64), after Part 3, insert—

 

“Part 3B

 

Hatred against uniformed military personnel on official duties

 

Acts intended to stir up hatred of uniformed military personnel on official duties

 

29O    

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 hatred against uniformed military personnel on official

 

duties.

 

(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


 
 

Notices of Amendments: 12 March 2009                  

310

 

Policing and Crime Bill, continued

 
 

displayed, would be heard or seen by a person outside that or any other

 

dwelling.

 

29P    

Publishing or distributing written material

 

(1)    

A person who publishes of distributes written material which is

 

threatening is guilty of an offence if he intends thereby to stir up hatred

 

against uniformed military personnel on official duties.

 

(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.

 

29Q    

Procedure and punishment

 

(1)    

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.

 

(2)    

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 12 months and one day or a fine not exceeding the

 

statutory maximum or both.”.’.

 


 
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Revised 13 March 2009