Page:Public Order Act 1986.pdf/14

12c. 64

16. In this Part—
 * “the City of London” means the City as defined for the purposes of the Acts relating to the City of London police;
 * “the metropolitan police district” means that district as defined in section 76 of the London Government Act 1963 ;
 * “public assembly” means an assembly of 20 or more persons in a public place which is wholly or partly open to the air;
 * “public place” means—
 * (a) any highway, or in Scotland any road within the meaning of the Roads (Scotland) Act 1984, and
 * (b) any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;
 * “public procession” means a procession in a public place.

Meaning of “racial hatred”

17. In this Part “racial hatred” means hatred against a group of persons in Great Britain defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins. Acts intended or likely to stir up racial hatred

18.—(1) A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, 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) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.

(3) A constable may arrest without warrant anyone he reasonably suspects is committing an offence under this section.

(4) In proceedings for an offence under this section it is a defence for the accused to prove that he was inside a dwelling and had no reason to believe that the words or behaviour used,