Coroners and Justice Bill

What matters is whether the mob stirred up thinks it is, because that is what causes the damage. It is not for the court to decide whether it is a reasonable statement. The court has to decide whether it stirs up hatred, whether it was intended to stir up hatred and whether the language was threatening; and after the damage has been done it is too late for Members to come back and say, "Well, the saving clause wasn't really intended to cover this, and on a narrow argument." It looks as though it does give a let-out; and it is not an offence to accuse other persons unnamed of criminal offences—we do that all the time—so there is no alternative prosecution.