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16 March 2007 / Andrew Keogh
Issue: 7264 / Categories: Features
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Crime Brief

Ambush defences not to be tolerated, Crediting of time on remand, Sentencing principles, New drug testing powers for police

RACIALLY AGGRAvaTED OFFENCE

R v Rogers [2007] UKHL 8, [2007] All ER (D) 359 (Feb)

The defendant directed abuse at a group of Spanish women, and used the phrase “bloody foreigners”. The defendant appealed against conviction for an offence of racially aggravated threatening behaviour, contrary to the Public Order Act 1986, s 4 and the Crime and Disorder Act 1998 (CDA 1998), s 31(1)(a), arguing that the phrase used was not capable of demonstrating hostility based on membership of a racial group. It was accepted by the defendant that if he had used the phrase “bloody Spaniards” then he would be guilty.

HELD
(i) The definition of a racial group clearly goes beyond groups defined by their colour, race or ethnic origin. It encompasses both nationality (including citizenship) and
national origins.
(ii) The statute intended a broad non-technical approach, rather than a construction which invited distinctions. This flexible, non-
technical approach makes sense, not only as a matter of

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MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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