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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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If i heatedly call someone a foreigner,is it against english

Resolved Question:

If i heatedly call someone a foreigner,is it against english law?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.
I am a retired diplomat 74 years old.i asked a shop assistant in maidstone town square to relocate the shop,s - sign from the square near middle to nearer his shop which he refused to do,after which i called him a foreigner,only tht word and departed.on my emergining fro my bank nearby,i was met by two police constables who proceede to interview me on th spot.t 6hink that i was given a caution and i was asked to supply my address and telephone number.asked by the police if i was prepared to apologise to the complainant.i so agreed,but the complainant did not agree to see me ur accept my apology reportedly sayining any such would not be meant.i then departed and have heard nothing more since this incident occurred on 25 march last.
Expert:  Jo C. replied 3 years ago.
Thanks.

if you are saying that there was an argument in a public place in which there were raised voices then that could amount to a S5 public order. You don't have to do very much to breach S5 public order act.

If you called him a foreigner during the course of this exchange then that could amount to a racially aggravated S5. Its not the worst example of the offence. It doesn't involve the use of prejoratives. However, there is case law covering this point and the term 'foreigner' can amount to a racially aggravated insult.

Thats not to say that they would prosecute. It might have been resolved by restorative justice and the matter is resolved.

Can I clarify anything for you?

Jo
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Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/