STATUTORY PROVISIONS

Statutory provisions

Statutory provisions

Referring to the scenario Tom , Dick and Harry should have protested through other means and should have not brought violence in their protes. The Crime and Disorder Act 1998 introduced new offences of racially aggravated violence, harassment, public order and criminal damage, created from existing basic offences with enhanced maximum penalties. It also codified the practice of treating racial motivation as an aggravating factor in any other offence.

The easement acquired by the public is a right to pass and repass at their pleasure for the purpose of legitimate travel, and the use of the soil for any other purpose, whether lawful or unlawful, is an infringement of the rights of the owner of the soil, who has, subject to this easement, precisely the same estate in the soil as he had previously to any easement being acquired by the public To avoid some of these consequences, the prosecution often presents an additional alternative charge (of the basic offence) in the magistrates court, or alternative indictments in the Crown Court. This practice, however, facilitates defence offers of pleas to the basic offence in lieu of a trial for the aggravated form. Racially aggravated offences derive from racist incidents recorded by the police, although not all incidents involve criminal offences. Deliberate purpose of disrupting grouse-shooting upon the defendant's land, and was forcibly restrained by the defendant's servants from doing so. The plaintiff sued the defendant for assault; and the defendant pleaded justification on the basis that the plaintiff had been trespassing upon the highway.

Lord Esher M.R. held, at p. 146: "on the ground that the plaintiff was on the highway, the soil of which belonged to the Duke of Rutland, not for the purpose of using it in order to pass and repass, or for any reasonable or usual mode of using the highway as a highway, I think he was a trespasser." (Emphasis added.) Plainly Lord Esher M.R. contemplated that there may be "reasonable or usual " uses of the highway beyond passing and repassing Under existing guidelines, any incident perceived by anybody as racist should be recorded as such. The different systems for recording and processing racist incidents found in the study areas reflected different approaches. These have been defined as 'victimoriented', 'prosecution-oriented' and 'problem-oriented'. The last approach, which values a range of solutions as alternatives or in addition to prosecution, would seem to be a potentially appropriate way of dealing with neighbourhood incidents, provided victims are satisfied. • Standards of record-keeping varied widely in the study areas. The most effective systems ensured that all incidents logged as racist entered the crime record at the beginning and stayed there permanently for intelligence purposes even if not subsequently treated as 'offences'. Sections 28-32 define racial aggravation and provide the racially aggravated form of nine existing offences of public order, violence, harassment and criminal damage, with enhanced levels of punishment. (Benyon, J. 2004 Pp. 147.)

Representatives will then be able to approach those victims ...