It appears now that Liam Stacey wasn’t charged with “inciting racial hatred”. The CPS have issued a statement saying he had actually been charged with a Racially Aggravated offence under the Public Order Act 1986:
The offence is created by section 4A of the Public Order Act 1986 (which was inserted by section 154 of the Criminal Justice and Public Order Act 1994):
(1) A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he:
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting thereby causing that or another person harassment, alarm or distress.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling.
(3) It is a defence for the accused to prove:
(a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(b) that his conduct was reasonable.
Maximum sentence is 6 months in jail and/or £5000 fine.
However, Section 31 (1)(b) The Crime and Disorder Act 1998 made specific provision for the Racially Aggravated element, making the maximum sentence 2 years jail and/or a fine upon conviction on indictment.
So, he got 56 days, not for abusing the footballer, but for calling someone a “Wog” etc. Therefore, I humbly withdraw my statements above that he shouldn’t have gone to prison for “inciting racial hatred” (because obviously, he didnt!). However, I stand by my belief that this dumbass student shouldn’t have got ANY jail time, it serves no purpose in the public interest. A fine and printing his name and address in the paper would have been retribution enough, IMHO, and left a cell free for a burglar.
Now, if he was charged under the Public Order Act, that’s very interesting. Who was it above that called me an “imbecile”? I can feel the distress rising within as I even contemplate that horrific term. I think I might have to get Mr Plod onto this one, someone’s looking at doing some Porridge.
(Yep, that’s the road we end up going down when we condone sending someone to prison for being a pissed up gobshite, it means we ALL better watch what we type*.)
*unless he’s a Yank, then Plod isn’t going to be able to touch him. Different story the other way round, of course!