||All England Reporter
|| All ER (D) 59 (Jul)
|| EWHC 1564 (Admin)
Auld LJ and Goldring J
||Clair Miskin (instructed by Hallinan Blackburn Gittings & Nott) for the defendant.
||Janet Pitt-Lewis (instructed by the Crown Prosecution Service) for the prosecution.
||3 July 2003
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.
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.
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