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20 September 2007
Issue: 7289 / Categories: Legal News , Human rights
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Prosecutions unlikely under new hatred Act

News

Convictions under the Racial and Religious Hatred Act 2006—due to come into force in October—could be difficult because its free speech exemptions are so wide, lawyers say.

Using threatening words or behaviour to stir up religious hatred will become an imprisonable offence when the new law—which amends the Public Order Act 1986—comes in on 1 October 2007. It will extend protection to followers of all religions and offences can be written, spoken and broadcast or published words or actions. Religious hatred includes hatred against a group defined by their religious belief or lack of religious belief.

However, David Woods, a litigation specialist with Pinsent Masons, says the freedom of speech exemption is so wide that prosecutors may be deterred from bringing all but the clearest-cut cases of criminal behaviour: “Some accused will argue that their anti-religious behaviour was an expression of abuse or an effort to change someone’s beliefs, and that behaviour is lawful. The defence lawyer only needs to give grounds for a reasonable doubt to keep a client out of prison.”

“When the government proposed this law it said it was protecting the believer, not the belief. But that’s a distinction that defence teams will endeavour to exploit,” he adds.

Issue: 7289 / Categories: Legal News , Human rights
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MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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