Racially and Religiously Aggravated Offences

Question 1

Racially/Religiously aggravated offence categories;
ASSAULTS:  KIV CHAP!!!
s20 OAP
ABH
s.39
CRMIMINAL DAMAGE
Simple damage
PUBLIC ORDER
s4 - causing fear or provocation of violence
s4A - intentional harassment, alarm, distress
s5 - Harassment, alarm, distress
HARASSMENT
s2 - Protection from harassment
s2A - Stalking
s4 - putting people in fear violence
s4A - stalking involving fear violence, serious harm, distress

A RACISIT incident does not automatically become a racial/religiously agg offence

Answer 1

s28 Crime and Disorder Act;
racially/religiously agg if:-
- at time committing offence or immediately b4 or after offender demonstrates hostility towards victim based on (presumed) religious/racial membership
- incl associations with members of the group
- ‘racial group’ defined by race, colour, nationality, citizenship, ethnicity
- ‘religious group’ defined by belief or lack of belief.

Victim need not be present when def demonstrates hostility

Victims perception of the incident is totally irrelevant.

Police officers can be victims of these offences

offence need to be only partly motivated by hostitlity

Question 2

stating ‘ALL FOREIGNERS’ is racial

Offence must be aggravated by racism rather than simply accompanied by the words.

Traditional Romany Gypsies are a racial group
Travellers are NOT

Rastafarian - religious group
Muslin - religious group

Def can be from same religious/racial group as IP

Answer 2

Membership of a group also incl association with a group

incl membership if presumed to be by the def.