Racially and Religious Aggravated Offences

Question 1

Definition Of A
Racial Group?
Section 28(4) Crime & Disorder Act 1998

Answer 1

A racial group is a group of persons defined by either:
* Race
* Colour - Use of the term “brown Englishman” has been rejected by
the court as aggravating
* Nationality or citizenship - The use of the generic term “bloody
foreigners Will aggravate an offence.
* Ethnic origins - Sikhs, Jews. and Romany gypsies are included.
* National origins - The use of the generic term “immigrant” will
aggravate an offence.

Question 2

Definition Of A
Religious Group?

Answer 2

Hostility can be directed towards a person because of
their:
* Religious beliefs — e.g. Rastafarians and Muslims
are not a racial group but they are religious groups;
* Agnostic beliefs; or
* Non-religious atheist or humanist beliefs.

Does The Offender Have To Be Of A
Different Racial Or Religious Group
To The Victim?
No it is irrelevant.
The offender can be from either:
* The same group; or
* A different group
.to the victim.

Question 3

What Trigger Offences
Can Be Racially Or
Religiously
Aggravated?
4 groups of trigger offences

Answer 3

4 Groups Of Trigger Offences
* Criminal Damage Offences
* Assault Offences
* Harassment Offences
* Public Order Offences

Group 1 - Criminal Damage
Offences
Basic criminal damage — section 1 Criminal Damage Act 1971

Group 2 - Assault Offences
* Wounding or GBH section 20 OAPA 1861
* Actual bodily harm (ABH) section 47 OAPA 1861
* Common assault – section 39 Criminal Justice Act 1988

Group 3 - Harassment Offences
* Harassment section 2 Protection From Harassment Act 1997
* Stalking section 2A Protection From Harassment Act 1997
* Stalking involving in fear of violence or serious alarm or
distress — section 4A Protection From Harassment Act 1997
* Putting people in fear of violence — section 4 Protection From
Harassment Act 1997

Group 4 - Public Order Offences
* Causing fear or provocation of violence section 4 Public
Order Act 1986
* Intentional harassment, alarm, or distress — section 4A
Public Order Act 1986
* Causing harassment, alarm, or distress — section 5 Public
Order Act 1986

Question 4

What Must Be Proven
For An Offence To
Become
Racially Or Religiously
Aggravated?
Section 28 Crime & Disorder Act 1998
2 steps

Answer 4

The 2 step Test
* Step 1 -A trigger offence has been committed.
* Step 2 - Accompanied by either of 2 aggravated
circumstances.

Question 5

AGGRAVATING CIRCUMSTANCE 1

Answer 5

Establishing Hostility
A trigger offence will become racially or religiously aggravated
where either:
* At the time of committing the offence;
* Immediately before committing the offence; or
* Immediately after committing the offence
.the defendant demonstrates hostility towards the victim.

Basis Of The Hostility?
-and the hostility is based on the victim’s:
* Membership; or
* Presumed membership
.of either a:
* Racial group; or
* Religious group.

Definition Of Hostility?
Hostility is
unfriendly
or
antagonistic
behaviour.

How Can Hostility Be Displayed?
Hostility can be displayed by:
. Words;
* Conduct;
* Writing - (e.g. graffiti, banners, text, letter, social media
etc).

Who Must The Hostility Be
Directed Towards?
The hostility
must be directed towards
the victim of the offence.

What If There Is No Direct
Victim?
If there is no direct victim
(e.g. graffiti on a town hall wall)
- then an offence can still be committed
via aggravated circumstance 2.

When Must The Hostility Be
Displayed?
The hostility must be displayed either:
* At the time,
* Immediately before; or
* Immediately after
.the commission of the offence.

Parry v DPP - Facts
* At the time that a trigger offence of criminal damage
was committed - no hostility was displayed directly
towards the victim.
* Instead some time after the commission of the
offence - comments indicating racial hostility towards
the victim were made before a police officer in
attendance.

Parry v DPP - Outcome
* The criminal damage offence was deemed not to
have been racially aggravated.
* This was because the hostility was not displayed
immediately after the offence.
* Instead the hostility was displayed some time after
the offence.

The Basis Of The Hostility?
The hostility must be based upon the victim’s:
* Membership; or
* Presumed membership
-of either:
* A racial group; or
* A religious group.

A trigger offence will become racially or religiously
aggravated where is motivated either:
. Wholly; or
* Partially
.by hostility towards members of either a:
* Racial group; or
* Religious group
..based on their membership of that group.