Part II Criminal law
F16Racially or religiously aggravated offences: England and Wales
I1C1C2C3C428 Meaning of “ F1racially or religiously aggravated”.
1
An offence is F1racially or religiously aggravated for the purposes of sections 29 to 32 below if—
a
at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a F2racial or religious group; or
b
the offence is motivated (wholly or partly) by hostility towards members of a F2racial or religious group based on their membership of that group.
C52
In subsection (1)(a) above—
“membership”, in relation to a F2racial or religious group, includes association with members of that group;
“presumed” means presumed by the offender.
3
It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, F3on any other factor not mentioned in that paragraph.
4
In this section “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.
F45
In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.
I229F5Racially or religiously aggravated assaults.
1
A person is guilty of an offence under this section if he commits—
a
an offence under section 20 of the Offences Against the M1Person Act 1861 (malicious wounding or grievous bodily harm);
b
an offence under section 47 of that Act (actual bodily harm);
F23ba
an offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation); or
c
common assault,
which is F6racially or religiously aggravated for the purposes of this section.
2
A person guilty of an offence falling within subsection (1)(a) F24, (b) or (ba) above shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.
3
A person guilty of an offence falling within subsection (1)(c) above shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
I330F7Racially or religiously aggravated criminal damage.
1
2
A person guilty of an offence under this section shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding fourteen years or to a fine, or to both.
3
For the purposes of this section, section 28(1)(a) above shall have effect as if the person to whom the property belongs or is treated as belonging for the purposes of that Act were the victim of the offence.
I431F9Racially or religiously aggravated public order offences.
1
A person is guilty of an offence under this section if he commits—
a
an offence under section 4 of the M3Public Order Act 1986 (fear or provocation of violence);
b
an offence under section 4A of that Act (intentional harassment, alarm or distress); or
c
an offence under section 5 of that Act (harassment, alarm or distress),
which is F10racially or religiously aggravated for the purposes of this section.
2
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A person guilty of an offence falling within subsection (1)(a) or (b) above shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
5
A person guilty of an offence falling within subsection (1)(c) above shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
6
If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) or (b) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.
7
For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effect as if the person likely to be caused harassment, alarm or distress were the victim of the offence.
I532F12Racially or religiously aggravated harassment etc.
1
A person is guilty of an offence under this section if he commits—
a
b
which is F13racially or religiously aggravated for the purposes of this section.
F142
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3
A person guilty of an offence falling within subsection (1)(a) above shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
4
A person guilty of an offence falling within subsection (1)(b) above shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding F22 14 years or to a fine, or to both.
5
If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of F21either basic offence mentioned in that provision.
6
If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above.
7
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Words in the cross-heading substituted (14.12.2001) by 2001 c. 24, ss. 39(2), 127(2) (with s. 42)