Part II Criminal law
F5Racially 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.
Words in the cross-heading substituted (14.12.2001) by 2001 c. 24, ss. 39(2), 127(2) (with s. 42)