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7 votes
Accepted

What is the threshold for "key national infrastructure"?

With regard to roads, "key national infrastructure" are A or B roads, or 'special roads'. Section 7(6) of the Public Order Act 2023 says: (6)In this section “key national infrastructure” ...
Lag's user avatar
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6 votes
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Would or could it be a public order offence (racially/religiously aggravated or otherwise) to burn or mutilate a national flag or a holy scripture?

No in the UK Or, at least, not of itself, but it could be part of a pattern of conduct that is. The Crown Prosecution Service defines a public order offence as an act that involves the use of ...
Dale M's user avatar
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5 votes
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What law makes intending to cause harassment alarm and distress an offence in the UK?

Section 4A of the Public Order Act 1986 (which was amended by section 154 of the Criminal Justice and Public Order Act 1994). [F14A Intentional harassment, alarm or distress. (1)A person is guilty of ...
Lag's user avatar
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5 votes
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Can harassment alarm or distress that arises simply by virtue of the content of the views expressed being found objectionable by another be offensive?

The question refers to offences under sections 4A or 5 of the Public Order Act 1986, which respectively define the main elements of the offences by: A person is guilty of an offence if, with intent ...
alexg's user avatar
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5 votes

Would or could it be a public order offence (racially/religiously aggravated or otherwise) to burn or mutilate a national flag or a holy scripture?

In the united-states, neither is a crime in and of itself. Texas v. Johnson, 491 U.S. 397 (1989).
bdb484's user avatar
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5 votes

Does the context of one’s displays of Nazi emblems matter to its legality?

germany Everything I could write is better said in the wikipedia page on the topic. You can see all the links to legal norms, a list of over 100 links to court cases and newspaper articles on the ...
nvoigt's user avatar
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4 votes
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What are the territorial scopes of sections 4-5 of the Public Order Act 1986?

Sections 4, 4A & 5 are applicable only to England & Wales. You can see this if you click "Show Geographical Extent:" That information is drawn from s. 42 (Extent).
Jen's user avatar
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3 votes

Does the context of one’s displays of Nazi emblems matter to its legality?

england-and-wales Does the context of one’s displays of Nazi emblems matter to its legality? Yes. There's no blanket ban on the display of Nazi symbols. Generally they can be used in fact- or ...
Lag's user avatar
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3 votes

What law makes intending to cause harassment alarm and distress an offence in the UK?

“Strict liability” means that intent doesn’t matter. What matters is that your behaviour was likely to cause distress etc. whether it did cause distress or not (because that’s what the law says, “...
gnasher729's user avatar
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3 votes

Is police discretion subject to the Public Sector Equality Duty (PSED)?

Polly is obliged to enforce the law and maintain the peace subject to the orders she receives and her own discretion Some of the things you have described clearly criminal, some aren’t, and some are ...
Dale M's user avatar
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3 votes
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What is - and isn't - "harassment" "alarm" and "distress"?

Harassment, alarm and distress are for the trier of fact to define That is, whether particular behaviour in a particular case amounts to harassment, alarm or distress is a question of fact, not law. ...
Dale M's user avatar
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2 votes
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How are alarm or distress defined in s4A Public Order Act 1986?

Conversely why shouldn't someone be free to go about their lawful business without being alarmed or distressed? The law is intended to balance such freedoms, rights and responsibilities. Alarm and ...
Lag's user avatar
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2 votes

What would be the elements of the hate crime in the coconut placard case?

The basic offence may be section 5(1)(b) Public Order Act 1986. The offence is committed if the person: "displays any writing, sign or other visible representation which is threatening or ...
Lag's user avatar
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1 vote

Is it legal in England to publicly proclaim that oneself “hate[s] the Jews”?

This is likely a "racial hatred" so illegal to do. While Jews are likely not a race, they are beyond doubt an ethnic group. The Public Order Act 1986, §17 also covers ethnic groups. It is ...
Stančikas's user avatar
1 vote

Would or could it be a public order offence (racially/religiously aggravated or otherwise) to burn or mutilate a national flag or a holy scripture?

bdb484's answer that "neither is a crime in and of itself." is not quite right, and in a way, the answer for the US is the opposite: burning a book, in and of itself, can be criminalized, ...
Acccumulation's user avatar
1 vote
Accepted

If Hammond v. DPP EWHC 69 (2004) had taken place in 2008, would it have held?

"Put another way does the idea of consistency reflected by the imperative of stare decisis when basing decisions on case law also apply when ruling on statutory intent?" If a court considers ...
JBentley's user avatar
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