[2004] EWHC 464 (Admin)

A warning given by a police officer concerning the use of threatening, abusive or insulting words without a racial element was not a sufficient warning in respect of a later incident having such an element for the purposes of Crime and Disorder Act 1998 s.31(3)(b) . A warning under s.31(3)(b) of the Act was not a necessary element of the racially aggravated offence such that a failure to give it rendered any conviction unlawful.

DC (May LJ, Nelson J)

30/01/2004