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<p>The CPS assesses each case on its individual facts and circumstances. Prosecutions
can only be brought in line with legislation and in accordance with the Code for Crown
Prosecutors. For something to be considered a hate crime, the perpetrator must have
first committed a crime in accordance with the relevant legislation.</p><p>The CPS
legal guidance on hate crime recognises the right to freedom of expression set out
in Article 10 of the European Convention on Human Rights. The CPS seeks to balance
the right to freedom of speech and expression against the duty of the state to act
proportionately.</p><p>In relation to offences of stirring up religious hatred, there
is a freedom of expression defence contained in Section 29J of the Public Order Act
1986, which explicitly states nothing in the Act; "...prohibits or restricts
discussion, criticism or expressions of antipathy, dislike, ridicule, insult, or abuse
of particular religions, or the beliefs or practices of its adherents."</p>
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