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Racial / religious hatred offences

Communications and online — practical elements, sentencing links and station notes for accredited reps in England & Wales.

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.

View definitive guideline ↗

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.

More in Communications and online

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.