england-and-wales freedom-of-speech
Can offences under S5 public order act be racially or religiously aggravated?
<p>It is lesser in that it can't be imprisonable, and the criteria for conviction are lower, but can there be any religiously aggravated element of it?</p>

<p><a href="https://www.legislation.gov.uk/ukpga/1998/37/section/31" rel="nofollow noreferrer">Section 31</a> of the Crime and Disorder Act 1998 makes it an offence to commit an offence under the Public Order Act (either section 4, 4A or 5) that is racially or religiously aggravated. (<a href="https://www.legislation.gov.uk/ukpga/1998/37/section/28" rel="nofollow noreferrer">Section 28</a> defines racial or religious aggravation for the purposes of the CDA offences, and has been interpreted by the Lords in <em><a href="https://publications.parliament.uk/pa/ld200607/ldjudgmt/jd070228/rogers.htm" rel="nofollow noreferrer">R v Rogers</a></em> [2007] UKHL 8). The <a href="https://www.cps.gov.uk/legal-guidance/public-order-offences-incorporating-charging-standard" rel="nofollow noreferrer">CPS</a> have some legal guidance on s28-31 offences.</p>
<p>As Rick has noted above: the penalty for an aggravated offence can increase from merely a fine to a potential fine along with up to two years' imprisonment.</p>
<p>However, the aggravating provisions seem to remain in accordance with the spirit and substance of s. 29J Public Order Act 1986 in protecting the right of people to criticise or even insult any belief (or lack of belief), as long as hostility is not exhibited towards its adherents on the basis of their subscription to the beliefs.</p>
