RACIST VIOLENCE IN 15 EU MEMBER STATES - Cospe

RACIST VIOLENCE IN 15 EU MEMBER STATES - A Comparative Overview of Findings from the RAXEN NFP Reports 2001-2004
Table 1
continued
Sweden
United
Kingdom
Incitement to racial hatred (including
violence/threats)
Dissemination of threats or insulting
expressions targeting national or ethnic
groups or similar other groups with a
view to their race, colour of skin, of
their national or ethnic origin or
religious beliefs. The written or
broadcast agitation against an ethnic
group is covered by the 1948 Provision
on Agitation against a National or
Ethnic Group, together with other
sections of the Penal Code (for
example: Chapter 16, Sec.8; Freedom
of the Press Act, Chapter 7, Sec.4;
Fundamental Law on Freedom of
Expression, Chapter 5, Sec.1). In 1970,
the area of legal application for
agitation against national or ethnic
groups was extended.
1 January 2003, new provision came
into force introducing aggravated
sentencing for the dissemination of
racist material, such as propaganda,
where this is deemed to be excessive.
Threatening or defamatory behaviour
that intends or is likely to incite to racial
hatred. The Race Relations Act 1965
and 1976, subsequently replaced by
provisions under the 1986 Public Order
Act, outlawed the promotion/incitement
of racial hatred.
Racist violence as an 'aggravating
factor' in criminal/penal law, with or
without enhanced sentencing
Penal Code, Chapter 29, section 2(7) -
whether the motive of offenders was to
aggrieve a person, ethnic group or some
other similar group of people because of
race, colour, national or ethnic origin,
religious belief … has to be taken into
account as an aggravating circumstance
when sentencing in cases of criminal
acts such as assault, unlawful threat,
molestation and inflicting damage.
Crime and Disorder Act 1998 - created
'racially aggravated' offences for specific
crimes, with provision for tougher
sentencing. Specifically: Section 29(1a),
racially aggravated malicious wounding
or racially aggravated grievous bodily
harm; Section 29(1b), Racially
aggravated actual bodily harm; Section
29(1c), Racially aggravated common
assault.
The Anti-Terrorism, Crime and Security
Act 2001 extended laws against racially
aggravated offences to include ‘religious
crime’. The 2001 Act amended the
Public Order Act 1986 to increase the
maximum penalty for racially/religiously
aggravated offences from 2 to 7 years.
Section 153 of the Powers of Criminal
Courts (Sentencing) Act 2000 imposes a
duty on courts to treat evidence of racial
aggravation as an aggravating feature,
so increasing offence seriousness and
the sentence imposed.
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