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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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