Public Order Act 1986

Section 40(2).

SCHEDULE 2 Other Amendments

Conspiracy and Protection of Property Act 1875 (c.86)

1 (1) In section 7 of the Conspiracy and Protection of Property Act 1875 (offence to intimidate etc. with a view to compelling another to abstain from doing or to do an act) for the words from " shall" to the end there shall be substituted "shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both.".

(2) And the following shall be added at the end of that section—

“A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.”

Prevention of Crime Act 1953 (c.14)

2 In section 1 of the Prevention of Crime Act 1953 (offence to have offensive weapon) at the end of subsection (4) (offensive weapon includes article intended by person having it for use by him) there shall be added " or by some other person ".

Civic Government (Scotland) Act 1982 (c.45)

3 (1) Part V of the Civic Government (Scotland) Act 1982 (public processions) shall be amended in accordance with this paragraph.

(2) In section 62 (notification of processions)—

(a) in subsection (1)—

(i) after " below " there shall be inserted "(a)."; and

(ii) at the end there shall be inserted— “; and

(b) to the chief constable.”;

(b) in subsection (2)—

(i) in paragraph (a), after " council" there shall be inserted "and to the office of the chief constable";

(ii) in paragraph (b), for " that office " there shall be substituted "those offices";

(c) in subsection (4)—

(i) after " area " there shall be inserted "(a)"; and

(ii) after " them " there shall be inserted— “; and

(b) intimated to the chief constable,”; and

(d) in subsection (12), in the definition of "public place", for "the Public Order Act 1936" there shall be substituted "Part II of the Public Order Act 1986".

(3) In section 63 (functions of regional and islands councils in relation to processions)—

(a) after subsection (1) there shall be inserted—

“(1A) Where notice of a proposal to hold a procession has been given or falls to be treated as having been given in accordance with section 62(1) of this Act—

(a) if a regional or islands council have made an order under subsection (1) above they may at any time thereafter, after consulting the chief constable, vary or revoke the order and, where they revoke it, make any order which they were empowered to make under that subsection ;

(b) if they have decided not to make an order they may at any time thereafter, after consulting the chief constable, make any order which they were empowered to make under that subsection.”;

(b) in subsection (2) after " (1)" there shall be inserted "or (1A)";

(c) in subsection (3)—

(i) in paragraph (a)(i), after "(1)" there shall be inserted or (1A) above " ;

(ii) in paragraph (a)(ii), for " such an order" there shall be substituted "an order under subsection (1) above or to revoke an order already made under subsection (1) or (1A) above";

(iii) at the end of paragraph (a)(ii). for "and" there shall be substituted—

“(iii) where they have, under subsection (1A) above, varied such an order, a copy of the order as varied and a written statement of the reasons for the variation ; and”;

(iv) in paragraph (b), after " (1)" there shall be inserted "or (1A)", and after " made " where third occurring there shall be inserted "and, if the order has been varied under subsection (1A) above, that it has been so varied"; and

(v) at the end of paragraph (b) there shall be inserted— “; and

(c) where they have revoked an order made under subsection (1) or (1A) above in relation to a proposal to hold a procession, make such arrangements as will ensure that persons who might take or are taking part in that procession are made aware of the fact that the order has been revoked.".”.

(4) In section 64 (appeals against orders under section 63)—

(a) in subsection (1) for the words from " against" to the end there shall be substituted— “against—

(a) an order made under section 63(1) or (1A) of this Act; or

(b) a variation under section 63(1A) of this Act of an order made under section 63(1) or (1A),

in relation to the procession.”;

(b) in subsection (4) after " make " there shall be inserted "or, as the case may be, to vary"; and

(c) in subsection (7) after " order " there shall be inserted "or, as the case may be, the variation of whose order".

(5) In section 65 (offences and enforcement)—

(a) in paragraphs (b) and (c) of subsection (1), after " (1) " there shall be inserted "or (1A)"; and

(b) in paragraphs (b) and (c) of subsection (2), after " (1) " there shall be inserted "or (1A)".

(6) In section 66 (relationship with Public Order Act 1936)—

(a) for " the Public Order Act 1936 " there shall be substituted "Part II of the Public Order Act 1986";

(b) in paragraph (a), for " or order made under section 3 " there shall be substituted "under section 12", and " or that order " shall be omitted ; and

(c) in paragraph (b), " or order under the said section 3 " shall be omitted.

Criminal Justice Act 1982 (c.48)

4 The following shall be inserted at the end of Part II of Schedule 1 to the Criminal Justice Act 1982 (statutory offences excluded from provisions for early release of prisoners)—

“Public Order Act 1986

27 Section 1 (riot).

28 Section 2 (violent disorder).

29 Section 3 (affray).".”.

Cable and Broadcasting Act 1984 (c.46)

5 (1) The Cable and Broadcasting Act 1984 as it extends to England and Wales and Scotland is amended as follows.

(2) Omit section 27 (inclusion of programme in cable programme service likely to stir up racial hatred).

(3) In section 28 (amendment of the law of defamation), at the end add—

“(6) In this section " words" includes pictures, visual images, gestures and other methods of signifying meaning.”.

(4) In section 33(2), in the definition of "relevant offence" omit "an offence under section 27 above or".

6 (1) Section 27 of the Cable and Broadcasting Act 1984 as it extends to Northern Ireland is amended as follows.

(2) For subsections (1) to (5) substitute—

“(1) If a programme involving threatening, abusive or insulting visual images or sounds is included in a cable programme service, each of the persons mentioned in subsection (2) below is guilty of an offence if—

(a) he intends thereby to stir up racial hatred, or

(b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.

(2) The persons are—

(a) the person providing the cable programme service,

(b) any person by whom the programme is produced or directed, and

(c) any person by whom offending words or behaviour are used.

(3) If the person providing the service, or a person by whom the programme was produced or directed, is not shown to have intended to stir up racial hatred, it is a defence for him to prove that—

(a) he did not know and had no reason to suspect that the programme would involve the offending material, and

(b) having regard to the circumstances in which the programme was included in a cable programme service, it was not reasonably practicable for him to secure the removal of the material.

(4) It is a defence for a person by whom the programme was produced or directed who is not shown to have intended to stir up racial hatred to prove that he did not know and had no reason to suspect-

(a) that the programme would be included in a cable programme service, or

(b) that the circumstances in which the programme would be so included would be such that racial hatred would be likely to be stirred up.

(5) It is a defence for a person by whom offending words or behaviour were used and who is not shown to have intended to stir up racial hatred to prove that he did not know and had no reason to suspect—

(a) that a programme involving the use of the offending material would be included in a cable programme service, or

(b) that the circumstances in which a programme involving the use of the offending material would be so included, or in which a programme so included would involve the use of the offending material, would be such that racial hatred would be likely to be stirred up.

(5A) A person who is not shown to have intended to stir up racial hatred is not guilty of an offence under this section if he did not know, and had no reason to suspect, that the offending material was threatening, abusive or insulting.

(5B) A person guilty of an offence under this section is liable—

(a) on conviction on indictment to imprisonment for a term not exceeding two years or a fine or both ;

(b) on summary conviction to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.”.

(3) In subsection (8) (consents to prosecutions), for the words from " shall not be instituted " to the end substitute "shall not be instituted except by or with the consent of the Attorney General for Northern Ireland.".

(4) In subsection (9) (interpretation) for "' racial group' means a group of persons " substitute "' racial hatred' means hatred against a group of persons in Northern Ireland".

(5) After subsection (10) insert—

“(11) This section extends to Northern Ireland only.”.

Police and Criminal Evidence Act 1984 (c.60)

7 In section 17(1)(c) of the Police and Criminal Evidence Act 1984 (entry for purpose of arrest for certain offences) in subparagraph (i) the words from " 4 " to " peace)" shall be omitted and after sub-paragraph (ii) there shall be inserted—

“(iii) section 4 of the Public Order Act 1986 (fear or provocation of violence);”.