Long title | An Act to make better provision for the prevention and punishment of endeavours to seduce members of His Majesty’s forces from their duty or allegiance. |
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Citation | 24 & 25 Geo. 5 c. 56 |
Dates | |
Royal assent | 16 November 1934 |
Status: Current legislation | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Incitement to Disaffection Act 1934 is an Act of the Parliament of the United Kingdom that made it an offence to endeavour to seduce a member of HM Forces from his "duty or allegiance to His Majesty", thus expanding the ambit of the law.
The previous relevant legislation was the Incitement to Mutiny Act 1797, which created the offence of endeavouring to seduce a member of HM Forces from his duty and allegiance. The 1797 Act, last significantly used against Tom Mann, 1912, and in the Campbell cases, 1924 and 1925, was not repealed by the 1934 Act, but effectively became defunct.
In 1974, the peace campaigner Pat Arrowsmith was convicted of offences against sections 1 and 2 of the Act, and sentenced to eighteen months in prison, for having handed out leaflets at a British Army base, urging the soldiers to refuse to serve in Northern Ireland. [2] In 1975, the Court of Appeal dismissed her appeal of her conviction, describing her conduct as "mischievous" and "wicked"; however, it upheld her appeal against the sentence, reducing it such that she would be immediately released. [3] Arrowsmith filed a case against the United Kingdom (Arrowsmith v. United Kingdom) in the European Commission of Human Rights, claiming that her conviction violated the European Convention on Human Rights' protections of her rights to liberty, freedom of belief, and freedom of expression. In 1978, the Commission found that her conviction was "a necessary restriction on the exercise of free speech in the interests of national security and for the prevention of disorder", and as such did not violate the Convention. [4]
According to Geoffrey Robertson, a human rights lawyer, the most powerful incitement to disaffection was made in the 1987 election campaign by the Prime Minister, Margaret Thatcher, who declared that armed forces chiefs should consider resigning in protest if the Labour Party were elected and sought to implement its non-nuclear policy. [5]
In jurisprudence, double jeopardy is a procedural defence that prevents an accused person from being tried again on the same charges following an acquittal or conviction and in rare cases prosecutorial and/or judge misconduct in the same jurisdiction. Double jeopardy is a common concept in criminal law - in civil law, a similar concept is that of res judicata. The double jeopardy protection in criminal prosecutions only bars an identical prosecution for the same offence, however, a different offence may be charged on identical evidence at a second trial. Res judicata protection is stronger - it precludes any causes of action or claims that arise from a previously litigated subject matter.
Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition.
Whitehouse v Lemon is a 1977 court case involving the blasphemy law in the United Kingdom. It was the last successful blasphemy trial in the UK.
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In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.
The Bolton 7 were a group of gay and bisexual men who were convicted on 12 January 1998 in the United Kingdom before Judge Michael Lever at Bolton Crown Court of the offences of gross indecency under the Sexual Offences Act 1956. Although gay sex was partially decriminalised by the Sexual Offences Act 1967, they were all convicted under section 13 of the 1956 Act because more than two men had sex together, which was still illegal. One of the participants was also six months under the statutory age of consent for male gay sex: at the time, such an age was set at 18, while the heterosexual and lesbian age of consent was instead set at 16.
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of the same legal system as the rest of Ireland.
Anti-terrorism legislation are laws with the purpose of fighting terrorism. They usually, if not always, follow specific bombings or assassinations. Anti-terrorism legislation usually includes specific amendments allowing the state to bypass its own legislation when fighting terrorism-related crimes, under alleged grounds of necessity.
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Margaret P. Arrowsmith was a British author and peace campaigner. She was a co-founder of the Campaign for Nuclear Disarmament (CND) in 1957.
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Civil liberties in the United Kingdom are part of UK constitutional law and have a long and formative history. This is usually considered to have begun with Magna Carta of 1215, a landmark document in British constitutional history. Development of civil liberties advanced in common law and statute law in the 17th and 18th centuries, notably with the Bill of Rights 1689. During the 19th century, working-class people struggled to win the right to vote and join trade unions. Parliament responded with new legislation beginning with the Reform Act 1832. Attitudes towards suffrage and liberties progressed further in the aftermath of the first and second world wars. Since then, the United Kingdom's relationship to civil liberties has been mediated through its membership of the European Convention on Human Rights. The United Kingdom, through Sir David Maxwell-Fyfe, led the drafting of the Convention, which expresses a traditional civil libertarian theory. It became directly applicable in UK law with the enactment of the Human Rights Act 1998.
Freedom of speech is the concept of the inherent human right to voice one's opinion publicly without fear of censorship or punishment. "Speech" is not limited to public speaking and is generally taken to include other forms of expression. The right is preserved in the United Nations Universal Declaration of Human Rights and is granted formal recognition by the laws of most nations. Nonetheless, the degree to which the right is upheld in practice varies greatly from one nation to another. In many nations, particularly those with authoritarian forms of government, overt government censorship is enforced. Censorship has also been claimed to occur in other forms and there are different approaches to issues such as hate speech, obscenity, and defamation laws.
Hate speech laws in Canada include provisions in the federal Criminal Code, as well as statutory provisions relating to hate publications in three provinces and one territory.
The Incitement to Mutiny Act 1797 was an Act passed by the Parliament of Great Britain. The Act was passed in the aftermath of the Spithead and Nore mutinies and aimed to prevent the seduction of sailors and soldiers to commit mutiny.
The Incitement to Disaffection Act (Ireland) 1797 was an act of the Parliament of the Kingdom of Ireland. It made equivalent provision to the Incitement to Mutiny Act 1797 for Ireland.
Perinçek v. Switzerland is a 2013 judgment of the European Court of Human Rights concerning public statements by Doğu Perinçek, a Turkish nationalist political activist and member of the Talat Pasha Committee, who was convicted by a Swiss court for publicly denying the Armenian genocide. He was sentenced to 90 days in prison and fined 3000 Swiss francs.
Incitement to terrorism is a category in some national legal systems which may criminalize direct encouragement of acts of violence or praise for proscribed terrorist organizations. It was also prohibited by United Nations Security Council Resolution 1624 in 2005.
Hate speech is public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation. Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".