Criminal Justice and Immigration Act 2008
UK Speech Law Reference — Law 07 of 12
The Criminal Justice and Immigration Act 2008 amended the Public Order Act 1986 to create an offence of stirring up hatred on grounds of sexual orientation.
Key Requirements
Words or behaviour must be threatening. Abusive or insulting language alone is insufficient. The prosecution must prove intent to stir up hatred against persons defined by reference to sexual orientation.
How It Differs from Racial Hatred
Racial hatred offences cover threatening, abusive, or insulting words. Sexual orientation hatred requires threatening words only. This is a deliberately higher threshold reflecting the balance between protection and free speech.
Penalties
Either-way offence. Up to 7 years imprisonment. DPP consent required for prosecution.
Source: legislation.gov.uk. This page is for informational purposes only and does not constitute legal advice.