Textual Amendments
F1Pt. 3A inserted (E.W.) (1.10.2007 except so far as relating to the insertion of ss. 29B(3), 29H(2), 29I(2)(b)(4)) by Racial and Religious Hatred Act 2006 (c. 1), ss. 1, 3(2), Sch.; S.I. 2007/2490, art. 2
F2Words in Pt. 3A heading inserted (23.3.2010) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 74, 153(7), Sch. 16 para. 2; S.I. 2010/712, art. 2(d)
(1)Nothing in this Part applies to a fair and accurate report of proceedings in Parliament [F3, in the Scottish Parliament or in the National Assembly for Wales].
(2)Nothing in this Part applies to a fair and accurate report of proceedings publicly heard before a court or tribunal exercising judicial authority where the report is published contemporaneously with the proceedings or, if it is not reasonably practicable or would be unlawful to publish a report of them contemporaneously, as soon as publication is reasonably practicable and lawful.
Textual Amendments
F3Words in s. 29K(1) substituted (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 74, 153(1)(j), Sch. 16 para. 15
(1)No proceedings for an offence under this Part may be instituted F4... except by or with the consent of the Attorney General.
(2)For the purposes of the rules F4... against charging more than one offence in the same count or information, each of sections 29B to 29G creates one offence.
(3)A person guilty of an offence under this Part is liable—
(a)on conviction on indictment to imprisonment for a term not exceeding seven years or a fine or both;
(b)on summary conviction to imprisonment for a term not exceeding [F512 months] or a fine not exceeding the statutory maximum or both.
[F6(4)In subsection (3)(b) the reference to 12 months shall be read as a reference to 6 months in relation to an offence committed before [F72 May 2022].]
Textual Amendments
F4Words in s. 29L(1)(2) repealed (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 74, 149, 153(1)(j), Sch. 16 para. 16(2), Sch. 28 Pt. 5
F5Words in s. 29L(3)(b) substituted (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 74, 153(1)(j), Sch. 16 para. 16(3)
F6S. 29L(4) inserted (8.5.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 74, 153(1)(j), Sch. 16 para. 16(4)
F7Words in s. 29L(4) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
(1)Where a body corporate is guilty of an offence under this Part and it is shown that the offence was committed with the consent or connivance of a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director.
In this Part—
“distribute”, and related expressions, shall be construed in accordance with section 29C(2) (written material) and section 29E(2) (recordings);
“dwelling” means any structure or part of a structure occupied as a person's home or other living accommodation (whether the occupation is separate or shared with others) but does not include any part not so occupied, and for this purpose “structure” includes a tent, caravan, vehicle, vessel or other temporary or movable structure;
[F8“hatred on the grounds of sexual orientation” has the meaning given by section 29AB;]
“programme” means any item which is included in a programme service;
“programme service” has the same meaning as in the Broadcasting Act 1990;
“publish”, and related expressions, in relation to written material, shall be construed in accordance with section 29C(2);
“religious hatred” has the meaning given by section 29A;
“recording” has the meaning given by section 29E(2), and “play” and “show”, and related expressions, in relation to a recording, shall be construed in accordance with that provision;
“written material” includes any sign or other visible representation.]
Textual Amendments
F8S. 29N: definition of "hatred on the grounds of sexual orientation" inserted (23.3.2010) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 74, 153(7), Sch. 16 para. 17; S.I. 2010/712, art. 2(d)