Jump to content

ThenNowForever

First Team
 View Profile  See their activity

  • Posts

    342

  • Joined

  • Last visited

 Content Type 

Posts posted by ThenNowForever

    This is why you plead NOT GUILTY

    in Jimmy Bell's Kitroom

    Posted

    I'm not sure what religion "Fenian" is in all honesty. There have been Protestant and catholic, probably atheist Fenians also.

    The Act its charged under allows for perceived/presumed membership of a religious group or social group so it can be shoe horned in to the legislation. Not my opinion, just the law, but the sheriff just didn't fancy the football act so couldn't convict him under it which left no other alternative but a breach of the peace. I don't believe it is mandatory to be placed on a banning order if you are convicted under the football act. Think it's discretionary but would have to check

    This is why you plead NOT GUILTY

    in Jimmy Bell's Kitroom

    Posted

    Because I am in my phone the link is not working for more information but it seems he was only charged with one offence under the offensive behaviour act and not a charge with a religious aggravation or under that act. The sheriff could therefore not convict him under the statutory religious prejudice act or aggravation as it was not libelled and could only convict him of the alternative to the offensive behaviour act for saying what he did which is a breach of the peace. I stand to be corrected but the sheriff (who is a practical and decent one) has not ruled on the potential religious side of the comment.

    Anyone missing the Fact here?

    in Jimmy Bell's Kitroom

    Posted

    I don't think anyone does MTAF. From what I understand the SFL clubs have got to vote for the restructuring after longmuir and the SFL clubs agreed to a different proposal not that long ago. It will be interesting to see how that vote goes now longmuir has backed alternative proposals. I, for one, would prefer the SFL model although we would still be in the bottom tier I think

    "Fenians" and scots law

    in Jimmy Bell's Kitroom

    Posted

    This is section 74 of the criminal justice (Scotland) act 2003. This may give an idea of how the law is applied. Sorry if this has been posted already or is boring legal junk!

    74Offences aggravated by religious prejudice

    (1)This section applies where it is—

    (a)libelled in an indictment; or

    (b)specified in a complaint,and, in either case, proved that an offence has been aggravated by religious prejudice.

    (2)For the purposes of this section, an offence is aggravated by religious prejudice if—

    (a)at the time of committing the offence or immediately before or after doing so, the offender evinces towards the victim (if any) of the offence malice and ill-will based on the victim’s membership (or presumed membership) of a religious group, or of a social or cultural group with a perceived religious affiliation; or

    (b)the offence is motivated (wholly or partly) by malice and ill-will towards members of a religious group, or of a social or cultural group with a perceived religious affiliation, based on their membership of that group.

    (3)Where this section applies, the court must take the aggravation into account in determining the appropriate sentence.

    (4)Where the sentence in respect of the offence is different from that which the court would have imposed had the offence not been aggravated by religious prejudice, the court must state the extent of and the reasons for that difference.

    (5)For the purposes of this section, evidence from a single source is sufficient to prove that an offence is aggravated by religious prejudice.

    (6)In subsection (2)(a)—

    “membership”in relation to a group includes association with members of that group; and

    “presumed”means presumed by the offender.

    (7)In this section, “religious group” means a group of persons defined by reference to their—

    (a)religious belief or lack of religious belief;

    (b)membership of or adherence to a church or religious organisation;

    ©support for the culture and traditions of a church or religious organisation; or

    (d)participation in activities associated with such a culture or such traditions.

    Rangers v celtic

    in Jimmy Bell's Kitroom

    Posted

    The first I thought about not playing them again I was happy at the thought of never having to share their air at Ibrox again but if someone said you will play them again and never lose I would welcome a return of the games. I guess that tells me I have a big fear of losing but the joy if beating them is greater. Bring them on (in maybe 12 months or so)!

    Dundee United and Rangers in ticket deal

    in Jimmy Bell's Kitroom

    Posted

    I used to believe in the 'dignified silence' approach our club practiced but not any more. I think it's an excellent stance the club has taken now and I will back the boycott all the way. I'm glad to see these changed days after what we have been through. The ticket prices won't affect people's views on going. I wouldn't go if it was free and I'm sure people who would not have went if it was £20 would not now go because it is £15.

×
×
  • Create New...