Racial and Religious Hatred Act 2006

Year2006


Racial and Religious Hatred Act 2006

2006 Chapter 1

An Act to make provision about offences involving stirring up hatred against persons on racial or religious grounds.

[16th February 2006]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Hatred against persons on religious grounds

1 Hatred against persons on religious grounds

The Public Order Act 1986 (c. 64)is amended in accordance with the Schedule to this Act, which creates offences involving stirring up hatred against persons on religious grounds.

S-2 Racial and religious hatred offences: powers of arrest

2 Racial and religious hatred offences: powers of arrest

In section 24A of the Police and Criminal Evidence Act 1984 (c. 60)(arrest without warrant by persons other than constables) after subsection (4) add—

‘(5) This section does not apply in relation to an offence under Part 3 or 3A of the Public Order Act 1986.

S-3 Short title, commencement and extent

3 Short title, commencement and extent

(1) This Act may be cited as the Racial and Religious Hatred Act 2006.

(2) This Act comes into force on such day as the Secretary of State may appoint by order made by statutory instrument.

(3) An order under subsection (2) may make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as the Secretary of State considers appropriate in connection with the coming into force of this Act.

(4) This Act extends to England and Wales only.

SCHEDULE 1

Hatred against persons on religious grounds

In the Public Order Act 1986 (c. 64), after Part 3 insert—‘Part 3AHatred against persons on religious grounds

‘religious hatred’Meaning of

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 religious belief.

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 religious hatred.

(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...

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