Hate For All, Or Hate For None

28th May 2014

28 May 2014

28 May 2014

Hate Crime: Should the Current Offences be Extended?

"OVERVIEW OF THE CURRENT LAW 1.4 

At present, the police and the Crown Prosecution Service (“CPS”) record as a “hate crime” any crime perceived by t he victim or another person to have been motivated by hostility or prejudice based on a person’s race, religion, sexual orientation, disability or transgender identity.

Although “hate crimes” are recorded for all five of these “protected characteristics”, the criminal offences that specifically deal with hate crime only cover some of the characteristics."

"CHAPTER 6: DEFINING THE AGGRAVATED OFFENCES 8.7 

We recommend that the definition of disability in any new aggravated offences should be the definition in section 146(5) of the Criminal Justice Act 2003: “any mental or physical impairment”."

http://lawcommission.justice.gov.uk/docs/lc348_hate_crime.pdf

http://lawcommission.justice.gov.uk/docs/lc348_hate_crime_english_summary.pdf

http://lawcommission.justice.gov.uk/docs/lc348_analysis_of_responses.pdf

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http://www.crimeline.info/news/hate-crime-should-the-current-offences-be-extended 

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28 May 2014

UK Law Commission Wants Hate Crime Law Extended To Transsexuals And Disabled

http://www.breitbart.com/Breitbart-London/2014/05/28/The-Law-Commission-Proposes-Extension-Of-Hate-Crime

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However, even in confirming this, the 'review', does not go, even half-way, to re-balancing the situation.

The OSC 

Not To Mention Perjuring Complainants And Supporting Witnesses

12. Jul. 2013. – 14:00:26

ACCUSATIONS OF VERBAL ABUSE CAN BE AN ABUSE OF FREE SPEECH

"Four simple anecdotes separated by twenty years but by an eon in public attitudes. Anywhere and everywhere are notices where public and employees converge that have the message that “abuse to staff will not be tolerated” or some such similar wording.

“Verbal abuse” is a term that would have been unfamiliar in the swinging sixties. There is remarkably little evidence of its origin but I would venture it arose around the same time as the feminist lobby began to agitate for equal rights in employment etc and became a term commonly used to describe dysfunctional intimate relationships between men and women.

Be that as it may the circumscription around many forms of disagreement especially when police are involved under s.5 using the pretext “verbal abuse” is one that magistrates must openly confront.

The current trends to stifling free speech are singularly wafer thin but put those slices of self censorship in a bundle and it can be more easily recognised how far from the free speech of the 1950s we have travelled. As magistrates we must administer the law as it stands; not as we might wish it to be but we can and should take a broad look at any individual circumstance."

http://thejusticeofthepeace.blog.co.uk/2013/07/12/accusations-of-verbal-abuse-can-be-an-abuse-of-free-speech-16232529/

Means Nothing Until 'Abusive' Goes, As Well

14 January 2013 Last updated at 23:05

'Insulting words' crime ditched

"Theresa May Mrs May told MPs that free speech needed to be balanced with action against widespread offence

The crime of "insulting" someone through words or behaviour, which once led to the arrest of a student for asking a police officer whether his horse was gay, is to be dropped.

Home Secretary Theresa May confirmed to MPs that the government would not seek to overturn a Lords amendment scrapping the ban.

The director of public prosecutions has said it will not hinder his work.

But Labour warned that it could remove protections for minority groups.

Section 5 of the 1986 Public Order Act currently means that "threatening, abusive or insulting words or behaviour" might be deemed a criminal offence."

http://www.bbc.co.uk/news/uk-politics-21020737

January 15, 2013

Neigh More Don’t Ask Don’t Tell

"Looking at past cases, the Director of Public Prosecutions could not identify any where the behaviour leading to a conviction could not be described as “abusive” as well as “insulting”."

http://www.annaraccoon.com/politics/neigh-more-dont-ask-dont-tell/

Then 'Malicious Communications', Please

PUBLISHED: 23:23, 26 November 2012 | UPDATED: 23:25, 26 November 2012

Scrap law on 'insulting words and behaviour' that censors free speech, MPs urge

"Law has 'disproportionate impact on freedom of expression’, say MPs and peers

Controversial legislation that criminalises ‘insulting’ words and behaviour should be scrapped, MPs and peers urged yesterday.

The law – which has been used to arrest a Christian preacher, a critic of Scientology and a student who made a joke – has a ‘disproportionate impact on freedom of expression’, the Joint Committee on Human Rights said.

In a report, it recommended that ministers accept an amendment which would remove the ‘insulting’ offence from the Public Order Act.

No results: Home Secretary Theresa May began a consultation on scrapping the offence last year but no response has come

Section 5 of the 1986 Act says someone is guilty for just using threatening, abusive or insulting words or behaviour within the sight or earshot of a person ‘likely to be caused harassment, alarm or distress’.

Critics say the law is a catch-all which censors innocent remarks and leaves it to police and courts to decide what constitutes ‘insulting’ words or behaviour.

Home Secretary Theresa May began a consultation on scrapping the offence last year but the Government has not yet responded."

http://www.dailymail.co.uk/news/article-2238922/Scrap-law-insulting-words-behaviour-censors-free-speech-MPs-urge.html#ixzz2DWDChS6b