Page:Public Order Act 1986.pdf/40

38c. 64


 * (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);”.

Section 40(3). SCHEDULE 3