Meeting of the Parliament 16 April 2024
The hate crime legislation that has been passed by this Parliament takes a tougher approach. A racial hatred offence has been in place across the UK since 1986. The Public Order Act 1986 criminalises behaviour that is
“threatening, abusive or insulting”
when the perpetrator either
“intends ... to stir up racial hatred”
or is
“likely”
to stir up racial hatred. That is a lower threshold for criminality than is in place for the new stirring-up offences under the 2021 act.
The 2021 act does not change the UK-wide offence in relation to racial hatred. The UK-wide offence is wider than the offences under the 2021 act, as there is no requirement for intent to stir up hatred, and it covers behaviour or communication that is insulting as well as that which is threatening or abusive. Under the 2021 act, the behaviour has to be threatening and/or abusive and intended to stir up hatred, which is a high threshold for criminality.