Racially And Religiously Aggravated Offences Flashcards
Which section of which act makes offences more serious if race / religion are involved?
S.145 of criminal justice act 2003
Why are the 9 protected characteristics ?
Age, disability, gender reassignment, Marriage and civil partnership, pregnancy and maternity, sex, sexual orientation, race, religion
Which section of which act makes offences more serious if disability and sexual orientation are involved?
S.146 of criminal justice act 2003
What is the definition of a racially/religiously aggravated offence? And which act states this definition?
S.28 of crime and disorder act 1998
Defines an offence as being racially /religiously aggravated as:
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 victims membership (or presumed membership) of a racial or religious group; or
B) the offence is motivated (wholly or partly) by hostility towards members or a racial or religious group based on their membership of that group’
What crimes can race/religiously aggravated relate to?
Wounding and GBH ( ABH Common Assaults Public order offences Harassment Criminal damage
When turning up to an offence and realising it could be racially/religiously motivated, what should you be aware of?
That is could be a critical incident.
Seek supervisor advice.
Definition of hate crime
Hate crime is a criminal offence which is perceived by the victim, or any other person, to be motivated by hostility or prejudice based upon the victim’s actual or perceived: disability, race, religion or belief, sexual orientation or whether they are transgender’
Difference between hate crime and hate incident ?
Have incidents are non crime incidents (committed for same reasons as hate crime)
Could include anti social behaviour (ie throwing mud at someone’s wall)
