To prove that an offence is racially motivated, the CPS have to prove the basic offence (Section 5 Public Order) followed by the racial aggravation. A crime is racially aggravated if;
a) at the time of the offence (or shortly before or after), the offender demonstrates to the victim hostility based on the victims membership of a racial group, or b) the offence is motivated wholly or partly by hostility towards members of a racial group based on their membership of that group. It would be difficult to prove the motivated (b) aspect of this in this particular case. The fact that Terry is gobbing off on camera might make it difficult to find case not proven in the terms of the original public order offence. The CPS do not like to give up on a case if there is a hint of racial aggravation to it as it sends out the wrong message to prosecute a lesser charge, however, it is entirely possible that Terry had 2 charges laid before him this morning, 1 for the Public Order and one for a Racially aggravated Public Order. In terms of sentencing the Public order Offence would bring a max fine of £1000 whereas the racially motivated crime has a upper limit of £2500. CPS will apply for a min of £625 to go towards trial costs and then there is a levy of £15 to cover Victims Surcharge (levied on everyone who pays a fine) What is more interesting is that if anyone had committed a similar crime on the way to watch Leeds (or even whilst in the ground) we would have also gained a Football Banning Order. On 9 Jul 2012, at 17:38, "John Boocock IFA" <[email protected]> wrote: > You need to study the results of the Stephen Lawrence Inquiry to understand > this. > > Basically it's in chapter 47 of the Lawrence Inquiry report by Lord > MacPherson which was published in 1999 > > DEFINITION OF RACIST INCIDENT > =========================== > > 12. That the definition should be: > > "A racist incident is any incident which is perceived to be racist by the > victim or any other person". > > 13. That the term "racist incident" must be understood to include crimes and > non-crimes in policing terms. Both must be reported, recorded and > investigated with equal commitment. > > 14. That this definition should be universally adopted by the Police, local > Government and other relevant agencies. > > The whole report is at > http://www.archive.official-documents.co.uk/document/cm42/4262/4262.htm and I > would recommend anyone who has even the vaguest interest in racism in the UK > in the last decade to read it. > > Most forward thinking organisations adopt this definition as their starting > point for deciding what is and isn't racist. > > Terry's comments were examined and percieved as being racist, hence the court > case. > > Without all the detail of the case which will no doubt be presented in > October you cannot gainsay the decision to prosecute. Funnily enough (now) > this is how our legal system works. > > I for one will be interested to hear the prosecution's case. > > Betty > _______________________________________________ > Leedslist mailing list > Info and options: http://mailman.greennet.org.uk/mailman/listinfo/leedslist > To unsubscribe, email [email protected] > > PETE CASS (1962 - 2011) Rest In Peace Mate _______________________________________________ Leedslist mailing list Info and options: http://mailman.greennet.org.uk/mailman/listinfo/leedslist To unsubscribe, email [email protected] PETE CASS (1962 - 2011) Rest In Peace Mate
