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Anti-Islamic leaflet illegal in Scotland

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devloid | 10:13 Thu 17th Feb 2011 | Law
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Heard report of a Ban the Burka leaflet on display in a local supermarket. On enquiry with the police they replied that they investigated the incident but satisfied 'no crime was committed'. I was sure this would be a breech of The Crime and Disorder Act 1998 or The Protection from Harassment Act 1997. Is anyone aware of this being ruled on in courts and are police entitled to make this judgment call without referring to the Procurator Fiscal?
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Anti-Islamic leaflet illegal in Scotland

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