Racially Aggravated Harassment

Question 1

What is “Racially Aggravated”?

Answer 1

Pursued a racially aggravated course of conduct or acted in a manner which is racially aggravated.

Question 2

When is a course of conduct or action “Racially Aggravated”?

Answer 2

A course of conduct or an action is racially aggravated if immediately before, during or after carrying out the course of conduct or action, malice and ill will based on that person’s membership of a racial group.

Question 3

Section 50 (1)(A) Criminal Law Consolidation Scotland Act 1995?

Answer 3

• A person pursues a racially aggravated course of conduct which amounts to harassment of that person and it is intended to amount to harassment of that person.
• Occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.
• Focuses on more than one incident.

Question 4

Section 50 (1)(B) Criminal Law Consolidation Scotland Act 1995?

Answer 4

If a person acts in a manner which is racially aggravated, and which causes or is intended to cause a person alarm or distress.

Question 5

Section 96 Crime and Disorder Act 1998?

Answer 5

Highlights offences which are wholly or partly racially aggravated. The section does not create an offence in its own right but it formally recognises that an action is already a crime or offence has been made worse by the motivation behind it.

Question 6

Bail Conditions for Racially Aggravated Harassment?

Answer 6

When completing a Standard Prosecution Report (SPR) always utilise the Bail Condition application. This allows officers to request:
- The accused does not contact a victim.
- The accused does not approach a victim.
- Attend at their home address or be within their street.
- Be anywhere near their place of employment unless they have a reason.