Introduction

The law on blasphemy was perhaps the most well-known piece of religion law in England and Wales. However, following years of passionate debate about the future of the offence in a multicultural and religiously diverse society, the abolition of blasphemy was surprisingly low-key. Section 79 of the Criminal Justice and Immigration Act 2008 took just one sentence to abolish the offence. However, the abolition of blasphemy does not mean that the criminal law no longer engages with religion. This chapter is the story of how the dormant offence of blasphemy has been succeeded by an unworkable offence of stirring up religious hatred.

This chapter falls into two sections. The first examines the ‘old’ religious offences, focusing upon the offence of blasphemy and the events which led to its abolition. The second examines the ‘new’ religious offences, focusing upon the offences created by the Racial and Religious Hatred Act 2006, together with the new category of religiously aggravated offences. This chapter examines how the interaction between religion and English criminal law has long been, and remains, multi-faceted, perplexing and controversial.

The old religious offences

English criminal law interacts with religion in various different ways. Although there are examples of some religious exceptions from specific crimes, there is no general defence of carrying out divine instructions or special protection for religious drug use. Religious laws often contain provisions on discipline and, in the case of the Church of England, such laws are part of the law of the land.