Criminal Offences and Civil Remedies

Public Order Act 1986

The Public Order Act 1986 (POA) prohibits certain acts intended or likely to stir up racial hatred. No prosecution for these offences may be brought without the Attorney General's permission. The POA covers:

• The use of words or behaviour or displays of written material which are threatening, abusive or insulting and intended to stir up racial hatred. The acts do not have to be committed in public; however, such acts, if committed in a private dwelling, are outside the POA.
  
• Publishing or distributing to the public written material that is threatening, abusive or insulting and intended to stir up racial hatred or which, in the circumstances, is likely to stir up racial hatred. This will include racist graffiti as well as newspaper articles and other similarly offensive racist material that is threatening, abusive or insulting.
  
• The public performance of a play that involves the use of threatening, abusive or insulting words or behaviour intended to stir up racial hatred or that, in the circumstances, are likely to stir up racial hatred. There are defences to this offence which apply in very limited circumstances. The offence is primarily aimed at the presenter and director, but actors who alter their lines will be within the prohibition.
  
• Distributing, showing or playing a recording of visual images (including video recordings) or sound which is threatening, abusive or insulting and which is intended to stir up racial hatred or which, in the circumstances, is likely to stir up racial hatred.
  
• Broadcasting (including a programme in a cable programme service) which is threatening, abusive or insulting and which is intended to stir up racial hatred or which, in the circumstances, is likely to stir up racial hatred.
  

Inflammatory material

The POA also makes it an offence to have possession of written material which is threatening, abusive or insulting, or a recording of visual images or sound which is threatening, abusive or insulting with a view to using it, and with the intention that racial hatred will be stirred up or in circumstances in which it is likely to be stirred up. Powers of entry, search and forfeiture are given in respect of such material. Again, prosecutions may only be brought with the Attorney General’s consent.

In the POA, ‘racial hatred’ is defined as hatred against a group of persons in Great Britain defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins. This definition does not include religion. It may also exclude Gypsies and Travellers.

The Criminal Justice and Public Order Act 1994

The Criminal Justice and Public Order Act 1994 renders racial, sexual and other forms of harassment in the street and at work a criminal offence punishable by imprisonment. It creates a new offence of causing intentional harassment, alarm or distress by the use of threatening, abusive or insulting words, behaviour, writing, sign or other visible representation.

The Protection from Harassment Act 1997

The Protection from Harassment Act 1997 is designed to protect individuals from harassment and similar conduct. It makes it an offence to carry out a course of conduct that causes another harassment. It does not define harassment, although it makes clear that alarming a person or causing a person distress may constitute harassment. It also creates an offence of putting people in fear of violence being used against them.

There are racially or religiously aggravated forms of both offences. This means that if the person carrying out the harassment or putting people in fear of violence is demonstrates towards the victim hostility based on the victim's membership (real or supposed) of a racial or religious groups, the offence will carry a heavier penalty.

The Crime and Disorder Act 1998

Section 29 of the Crime and Disorder Act 1998 creates a category of racially aggravated offences. These are: malicious wounding or grievous bodily harm and actual bodily harm. On summary conviction both carry liability to a term of imprisonment not exceeding six months or to a fine. On conviction the maximum term of imprisonment is a term not exceeding seven years, or a fine, or both. There is also an offence of racially aggravated common assault, which carries a maximum term of six months on summary conviction or a fine or both; and on conviction on indictment imprisonment for a maximum of two years or a fine or both.