This
section is intended for guidance only and you should, if need be, obtain
professional advice, note that this information relates ONLY to England
& Wales. As you can see this section is still under construction,
though we will be providing links to the relevant legal sites where you
will be able to download transcripts of the law. As you will appreciate
the law changes frequently, at the time that the highlighted case was brought, the
relevant law was the " Protection from Harassment Act 1997 " , there
being no specific law regarding Racial Harassment & Abuse at that
time. This is no longer the case & we will be discussing a variety
of Legal Remedies in this section over time.
The
Protection from Harassment Act 1997
Essentially
this law states;
a
person must not pursue a course of conduct-
(a)
which amounts to harassment of another, and
(b)
which he knows or ought to know amounts to harassment of the other
The
law states that " the person whose course of conduct is in question ought
to know that it amounts to harassment of another if a reasonable person
in possession of the same information would think the course of conduct
amounted to harassment of the other".
In
general, as we believe it, you will need to show at least two instances
of conduct which constitutes a harassment.
There
is a copy of this act on-line at the following location;
http://www.hmso.gov.uk/si/si1997/97141801.htm
The
Crime & Disorder Act 1998
This
Act is the one which covers the Racial aspect of crime. S.28 provides
a definition of "racially aggravated" crime thus;
"28.
- (1) An offence is racially aggravated for the purposes of sections 29
to 32 below if-
(a)
at the time of committing the offence, or immediately before or after doing
so, the offender demonstrates towards the victim of the offence hostility
based on the victim's membership (or presumed membership) of a racial group;
or
(b)
the offence is motivated (wholly or partly) by hostility towards members
of a racial group based on their membership of that group." © Crown
Copyright 1998
There
is a copy of this act and further details on-line at the following location;
http://www.hmso.gov.uk/acts/acts1998/80037--g.htm
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