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The offence is created by section 4A of the Public Order Act 1986, which was inserted by section 154 of the Criminal Justice and Public Order Act 1994: :(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he:
The Crime and Disorder Act 1998 (c.37) creates a label of "racially-aggravated" in its Section 28, Meaning of “racially aggravated”.It describes here what is indicated by the term "racially aggravated", and describes “racial group”: "means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins."
Clause (c) allows for a defence on the grounds of reasonable behaviour. This interpretation will depend upon case law. In Dehal v Crown Prosecution Service, Mr Justice Moses ruled that in cases involving freedom of expression, prosecution is unlawful unless it is necessary to prevent public disorder: "a criminal prosecution was unlawful as a result of section 3 of the Human Rights Act and ...
Many people have been sent to prison after pleading guilty to various offences following recent disorder.
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
In 1987 the U.S. Sentencing Guidelines were created to establish sentencing policies and practices for the federal criminal justice system. [4] The Guidelines prescribe a reduction of sentence time for most defendants who accept responsibility and plead guilty; further discounts are available to some defendants through fact bargaining ...
West Midlands Police treated the killing as racially aggravated due to a racial slur shouted at Dea-John’s group from a car. After the sentencing, Detective Superintendent Shaun Edwards said ...
Derek Heggie made "grossly offensive comments" in YouTube videos in August, a court hears.