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You are here: Home > International > United Kingdom > Law > Cyberstalking & Harassment > Racially Or Religiously Aggravated Offences

Racially Or Religiously Aggravated Offences

This is the wording of sections 28 and 32 of the Crime and Disorder Act 1998 as amended by Section 39 of the Anti-terrorism, Crime and Security Act 2001.

The Racially Aggravated offences provisions came into force on the 30th September 1998 and the Religiously Aggravated provisions came into force on the 14th December 2001.

The provisions apply to offences committed after those dates.

s28 Meaning of "racially or religiously aggravated"

28. - (1) An offence is racially 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 racial or religious group; or

(b) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

(2) In subsection (1)(a) above-

"membership", in relation to a racial 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, on- 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.

(5) In this section "religious group" means a group of persons defined by reference to religious belief or lack of religious belief."

s32 Racially or Religiously Aggravated Harassment etc

32. - (1) A person is guilty of an offence under this section if he commits-

(a) an offence under Section 2 of the Protection from Harassment Act 1997 (offence of harassment); or

(b) an offence under Section 4 of that Act (putting people in fear of violence),

which is racially or religiously aggravated for the purposes of this section.

(2) In Section 24(2) of the 1984 Act (arrestable offences), after paragraph (o) there shall be inserted-

"(p) an offence falling within Section 32(1)(a) of the Crime and Disorder Act 1998 (racially- or religiously aggravated harassment);".

(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 seven 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 the 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) Section 5 of the Protection from Harassment Act 1997 (restraining orders) shall have effect in relation to a person convicted of an offence under this section as if the reference in subsection (1) of that section to an offence under Section 2 or 4 included a reference to an offence under this section.

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