| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 59 (Jul) |
| Neutral Citation: | [2003] EWHC 1564 (Admin) |
| Court: | Divisional Court |
| Judge: | Auld LJ and Goldring J |
| Representation | Clair Miskin (instructed by Hallinan Blackburn Gittings & Nott) for the defendant. |
| Janet Pitt-Lewis (instructed by the Crown Prosecution Service) for the prosecution. | |
| Judgment Dates: | 3 July 2003 |
Catchwords
Criminal law - Public order - Harassment - Religiously aggravated offence - Display of poster likely to cause alarm and distress - Requirement for proof - s 5(1)(b) - ss 28, 31 - European Convention on Human Rights, art 10.
The Case
Section5(1)(b) of the and ss28 and 31 of the did not require the prosecution to prove that the display of a poster which bore a reproduction of a photograph of one of the twin towers of the World Trade Centre in flames on 11 September 2001 and a Crescent and Star surrounded by a prohibition sign in fact caused anyone harassment, alarm, or distress. It was enough that such feelings would be engendered in a right-thinking member of society concerned with the preservation of peace and tolerance and the avoidance of religious and racial tension, as well as to any follower of the Islamic religion.
Practice Areas
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