Useless has criminalised himself (accidentally).

 I have just finished two well read blogs about the Hate Crime Act concluding that it doesn't, in truth, materially change the law at all. But in the process I have come across something that has been produced accidentally by that legislation that I think has changed the law, Useless appears to have accidentally criminalised the entire SNP.

Let's start with the wording of the contentious section 4, particularly section 4(1).

It reads:-

4. Offences of stirring up hatred

(1)A person commits an offence if—

(a)the person—

(i)behaves in a manner that a reasonable person would consider to be threatening, abusive or insulting, or

(ii)communicates to another person material that a reasonable person would consider to be threatening, abusive or insulting, and

(b)either—

(i)in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or

(ii)a reasonable person would consider the behaviour or the communication of the material to be likely to result in hatred being stirred up against such a group.

But, here is a wee bit of free legal advice. When you interpret any Statute, you can discard any superfluous "ors".

So let's do that here. 

4. Offences of stirring up hatred

(1)A person commits an offence if—

(a)the person—

(i)behaves in a manner that a reasonable person would consider to insulting and

(b)either—

(i)in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to nationality or

(ii)a reasonable person would consider the behaviour or the communication of the material to be likely to result in hatred being stirred up against such a group.

See what is left? That if you refer to English people in a manner that "a reasonable person" might consider to be "insulting" (for the avoidance of doubt, nothing more than insulting)for the rest are "ors"  then you have committed a crime. Even if you didn't intend to break the law. 

But the whole rationale of the SNP is insulting to English people, for it proceeds on the assumption that we are somehow "hurt" by being in the same Nation State. There would be no difficulty in finding any number of, not just English, people who regard that as insulting.

Now, how we get to this point from earlier legislation cut and pasted in to this Act by lazy civil servants overseen by a really thick Minister, would be entertaining for very few but boring for the vast majority so you'll have to accept my word for it that I have worked that out.

Even I do not think being a Scottish Nationalist should be a crime. But Useless appears to have made it so, as soon as you write it down or even open your mouth to support it in the presence of others.

So the next time you see or hear reference to the English stealing our oil/water/wind, feel free to report it to the Police. Difficult to see that this is not (accidentally) a crime. 

And as a final twist, there is a general defence under s.9 of the Hate Crime Act that you were exercising freedom of expression. Except it only applies to behaviour that might otherwise be "Threatening or Abusive" as required by the other provisions of the Act. But it does not apply to behaviour that is (merely) "insulting". Useless was too stupid or lazy to notice that. Sorry Nats to cause you any anxiety but you were those who promoted him.