Nick’s post from The Frozen North is below.
Guramit Singh’s arrest — part 2
It appears that the Cambridgeshire Constabulary have arrested Guramit Singh using legislation created in the months following the terrorist attacks on America on September 11th, 2001. Singh has been arrested on suspicion of intentionally causing religiously aggravated harassment, alarm or distress. The relevant legislation here is Section 28 of the Crime and Disorder Act 1998, which defines ‘religiously aggravated’:
28 Meaning of “[racially or religiously aggravated]”. (1) An offence is [racially or religiously aggravated] for the purposes of sections 29 to 32 below if— (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a [racial or religious group]; or (b) the offence is motivated (wholly or partly) by hostility towards members of a [racial or religious group] based on their membership of that group. (2) In subsection (1)(a) above—
- “membership”, in relation to a [racial or religious group], includes association with members of that group;
- “presumed” means presumed by the offender.
(3) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, [on any other factor not mentioned in that paragraph.] (4) In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins. [(5) In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.]
Note that Section 28 sub-section (1) refers to Sections 29-32 of the Act. Section 31 deals with public order offences committed under the legislation cited by the Cambridgeshire Constabulary in connection with Mr. Singh’s arrest:
31 [Racially or religiously aggravated] public order offences. (1) A person is guilty of an offence under this section if he commits— (a) an offence under section 4 of the Public Order Act 1986 (fear or provocation of violence); (b) an offence under section 4A of that Act (intentional harassment, alarm or distress); or (c) an offence under section 5 of that Act (harassment, alarm or distress), which is [racially or religiously aggravated] for the purposes of this section.
Here is Section 28 of the Crime and Disorder Act 1998 as it was originally enacted:
28 Meaning of “racially aggravated” (1) An offence is racially aggravated for the purposes of sections 29 to 32 below if— (a) at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial group; or (b) the offence is motivated (wholly or partly) by hostility towards members of a racial group based on their membership of that group. (2) In subsection (1)(a) above—
- “membership”, in relation to a racial group, includes association with members of that group;
- “presumed” means presumed by the offender.
(3) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, on— (a) the fact or presumption that any person or group of persons belongs to any religious group; or (b) any other factor not mentioned in that paragraph. (4) In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.
This has been amended in order to create ‘religiously aggravated’ public order offences. And here’s the thing: this was done in accordance with the Anti-terrorism, Crime and Security Act 2001. Here is Section 39 of that Act:
39 Religiously aggravated offences (1) Part 2 of the Crime and Disorder Act 1998 (c. 37) is amended as set out in subsections (2) to (6). (2) In the cross-heading preceding section 28 for “Racially-aggravated” substitute “ Racially or religiously aggravated”. (3) In section 28 (meaning of racially aggravated)— (a) in the sidenote and subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated”; (b) in subsections (1) and (2) for “racial group” substitute “ racial or religious group”; (c) in subsection (3) for the words from “on” to the end of the subsection substitute “ on any other factor not mentioned in that paragraph.” (4) In section 28 after subsection (4) insert— “(5) In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.” (5) In each of the provisions listed in subsection (6)— (a) in the sidenote for “Racially-aggravated” substitute “ Racially or religiously aggravated”; (b) in subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated”. (6) The provisions are— (a) section 29 (assaults); (b) section 30 (criminal damage); (c) section 31 (public order offences); (d) section 32 (harassment etc.).
How perverse to see someone arrested after an EDL event in Peterborough in 2010 on the strength of legislation brought into existence after the terrorist attack carried out by Mohammad Atta and his fellow travellers on September 11th 2001!
