Racially aggravated offences: DPP v Rogers [2007] UKHL 8

The appellant was appealing against a decision of the Court of Appeal which had upheld his conviction for using racially aggravated abusive or insulting words or behaviour with intent to cause fear or provoke violence under s. 31(1)(a) of the Crime and Disorder Act 1998. Three young Spanish women were walking home following an evening out at a restaurant and had encountered the appellant who, due to arthritis, was using a mobility scooter. He had difficulties passing them on the pavement and an argument ensued. He chased them into a local kebab shop calling them ‘bloody foreigners’ and telling them to ‘go back to your own country’.