Communications and online
Racial / religious hatred offences
Public Order Act 1986, Parts III and 3A (e.g. s.18 stirring up racial hatred)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Either way
- Maximum penalty
- 7 years' custody for stirring up hatred offences (check charged section)
Actus reus
- Uses threatening, abusive or insulting words or behaviour, or displays written material which is threatening, abusive or insulting (POA 1986, s.18 — the usual Part III charging section).
- Part 3A covers stirring up hatred on religious grounds or on grounds of sexual orientation — check the charged section. Attorney General consent is required for these prosecutions.
Mens rea
- Intends to stir up racial hatred, or having regard to all the circumstances racial hatred is likely to be stirred up thereby (s.18(1)).
Defences
Words/material not threatening, abusive or insulting · No intent and not likely to stir up racial hatred · s.18 dwelling exception if it applies on the facts · Wrong Part III / 3A section charged
Sentencing Council
Sentencing Council guideline effective see guideline page.
At the police station
This page is a Part III/3A index, not every stirring-up variant. Confirm s.18, s.19 or Part 3A and whether AG consent is already in play.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.