Written evidence to be reported to the House

Part of Criminal Justice and Immigration Bill – in a Public Bill Committee at 2:30 pm on 18 October 2007.

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Gareth Crossman: That is the difference between subjective and objective—or rather the court’s interpretation is. Many eminent lawyers spoke in debates on the Floor of the House about encouragement to terrorism, and discussed the parameters of the law and exactly where recklessness started and finished. But outside the courtroom and Parliament people have not got a clue where the parameters of the law are. All they will know is that there is an offence of encouragement of terrorism or incitement to homophobic hatred. They will not know exactly where that law begins and finishes and what interpretation we have put on it.

There are two dangers in that situation: first, there is the chilling effect that people will just shut up rather than be in breach of the law; and. secondly, that people will feel they are not getting protections that others have or that they are being particularly targeted in a way that other groups are not, and that can cause resentment.