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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70519
Experience:  Over 5 years in practice
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Hello, Does someone shouting the words "Another bloody Jew"

Resolved Question:

Hello,
Does someone shouting the words "Another bloody Jew" at a volume level used by the proverbial Sergeant Major commit an offence under the Public Order Act 1986 as amended by the Racial and Religious Hatred Act 2006? The incident took place recently on private property. If so, is the offence a criminal matter or is there a civil remedy available?
Thanks
Michael S. Coorsh
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was this within a dwelling?
Also, will anybody give evidence? We both know what the Army are like. They don't encourage reporting especially of offences like the public order act.
Customer: replied 2 years ago.

Hi,

No the incident took place at or near the main gate of a Metropolitan Police Service establishment and not in a dwelling. The suspect is believed to be a security guard employed by MPS. There was a witness who, I believe, was being referred to at the same time but it is by no means certain that he would be willing to give evidence.

My reference to "Sergeant Major" was for illustration purposes only.

Expert:  Jo C. replied 2 years ago.
If it is just that general racial abuse was shouted then it is a S5 only realistically. You will find that offence here
http://www.legislation.gov.uk/ukpga/1986/64/section/5
It can be racially or religiously aggravated under the new Act.
It can be committed in a private or public place save for a dwelling.
The public order act generally does not need a complainant which is why it is often the drop down provision for assaults. Obviously somebody does need to give evidence though or it cannot be before a court.
There isn't a civil remedy. This isn't a civil wrong.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi,

Does this matter therefore require to be reported to Police for investigation by them?

I am certainly prepared, myself, to give evidence but I only heard the abuse I did not see who, exactly, was responsible but would testify that it came from the direction of the gatekeeper's hut. It would then be a question of who was on duty at that gate on the date and at the time of the incident.

Expert:  Jo C. replied 2 years ago.
If you wish to report the matter then you can do so.
If there are identification issues then you have to be realistic about the amount of time the police are likely to spend on this. It is not a grave offence.
But nobody can stop you walking through the doors of a police station and reporting this.
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