link to briefings documents at magnacartaplus.org
 

Magna Carta Plus News

back to magnacartaplus.org index page
orientation to the news at MagnaCartaPlus.org

short briefing dcuments at MagnaCartaPlus.org

This page provides occasional items, linked to the original articles, as we attempt to keep up with the rapidly changing situation on civil liberties.
Archive of old news service:
2002 - 2004

1st Jan to 9th Sept 2005

Google
 
Web magnacartaplus.org

Inchoate offences and freedom of speech

Posted by James Hammerton @ 8:21 pm on 11 November, 2007.
Categories political liberties, democracy and the rule of law, freedom of speech, British politics.
Edit This Permalink to this article

As promised, I have produced a briefing document on the Serious Crime Act(SCA) 2007. Thus far, it contains sections on Serious Crime Prevention Orders (a topic I’ll return to in a future post) and Inchoate Offences.

Following up on a point made by commenter “Les” in his comment on the SCA, I argue that the inchoate offences represent a threat to freedom of speech. Under Part 2 of the SCA, it is an offence to do an act capable of encouraging or assisting an offence where:

  • you believe the offence will occur, and
  • you believe your act will encourage or assist the offence.

Note that the encouraged/assisted offence need not actually occur. It is a defence however to prove that your act was reasonable.

Anyone who praises someone for planning unauthorised demonstrations within 1km of Parliament is encouraging the commission of an offence!

Anyone who publicises details of an upcoming unauthorised demonstration in Parliament Square would also be assisting the commission of an offence by giving out information that will help people join in the unauthorised demonstration!

For more detail on this argument, see the discussion in the briefing document.

No Comments

No comments yet.

RSS feed for comments on this post.

Sorry, the comment form is closed at this time.

email feedback@magnacartaplus.org

© magnacartaplus.org2008, 2007, 2006 [1 December]

variable words
prints as variable A4 pages (on my printer and set-up)

abstracts of documents on magnacartaplus.org UK Acts of Parliament click for news from magnacartaplus.org orientation to magnacartaplus.org orientation button links to other relevant sites links

Powered by WordPress