FLAG MAN IN SOUTHAMPTON
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THE CORPORATION FLAG: 🇬🇧

DOES THIS CAUSE YOU ALARM & DISTRESS

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1. Public Order Act 1986 (Harassment, Alarm or Distress)
Relevant Law:
• Section 5 – Harassment, alarm or distress
• Section 4A – Intentional harassment, alarm or distress
• Section 4 – Fear or provocation of violence
If flag desecration occurs in public, and is intended to provoke or does provoke hostility, especially on racial or national grounds, it may amount to a public order offence.

2. Racially or Religiously Aggravated Offences
Crime and Disorder Act 1998
If the act is racially or religiously aggravated, e.g., meant to insult English national identity or incite racial hatred, it could lead to enhanced penalties under:
• Section 31 of the Crime and Disorder Act 1998 – Racially or religiously aggravated public order offences.
This would apply if, for instance, the desecration was targeted to provoke a specific group or made alongside racially offensive comments.

3. Inciting Hatred (Public Order Act 1986)
If the act is part of hate speech, it could fall under:
• Part 3 of the Public Order Act 1986 – Incitement to racial hatred.
This requires evidence that the act was threatening, abusive or insulting, and intended or likely to stir up hatred.

4. Criminal Damage (if someone else’s property)
If the flag belongs to someone else (e.g. a private flag hanging on a property), and is destroyed without permission, this could be:
• Criminal Damage Act 1971
• Offence: Damaging or destroying property belonging to another without lawful excuse


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