§ Lord Lester of Herne Hillasked Her Majesty's Government:
Further to the Written Answer by the Attorney-General on 13 December (WA 56), what was the outcome of each of the 37 prosecutions for incitement to racial hatred as regards (a) the verdict; and (b) the sentence. [HL498]
§ The Attorney-General (Lord Goldsmith)My Written Answer on 13 December(WA 56), indicated that official records were kept from 1994 and that since then there have been 37 prosecutions for incitement to racial hatred offences. Further investigation has revealed that this information was inaccurate.
Statistics are in fact available from when the Act came into effect on 1 April 1987. In total, there have been 65 prosecutions for offences under Part III of the 1986 Act.
5WAThe 65 prosecutions have resulted in 44 convictions, five acquittals, six cases dropped by the prosecution and 10 other outcomes.
The 10 "other outcomes" are as follows: two cases in which the defendant was bound over, two cases where the defendant absconded, two cases that are ongoing, one case where the defendant died before completion of the proceedings, one case where a nolle prosequi was entered, one case where the proceedings were stayed on the ground that the defendant was medically unfit to be tried and one case where the outcome is unknown.
Twenty-six convicted defendants received immediate sentences of imprisonment of the following lengths: three months (two defendants), four months (four defendants), six months (nine defendants), nine months (two defendants), 12 months (three defendants), 17 months (two defendants), 18 months (one defendant), 21 months (two defendants) and two years (one defendant).
Five convicted defendants received suspended sentences of imprisonment of the following lengths: six weeks, three months, six months (two defendants) and nine months.
One convicted defendant received an eight month sentence of imprisonment, part of which was suspended.
Two convicted defendants received community service orders (one with a fine in addition), one convicted defendant received a probation order and one convicted defendant received an attendance centre order.
Three convicted defendants were fined and five convicted defendants were conditionally discharged.
§ Lord Lester of Herne Hillasked Her Majesty's Government:
On how many occasions since 1994 the Attorney-General has decided that it would not be in the public interest to consent to a prosecution for offences of incitement to racial hatred. [HL499]
§ Lord GoldsmithSince Part III of the Public Order Act 1986 came into force (1 April 1987), the Attorney-General has declined to give his consent to a prosecution for offences of incitement to racial hatred on the ground that prosecution would not be in the public interest on three occasions. Two of those occasions were since 1994.