Racially or Religiously Aggravated Assaults

Question 1

Throughout your Core Learning courses and during the Summer Academy you will learn about the various offences that can be “aggravated” under the Crime and Disorder Act 1998.

A handy mnemonic to remember which offences may be aggravated is…

Answer 1

‘CHAP’:

Criminal Damage (s1 Crim Dam)

Harassment (s2 Harassment and s4 Fear of Violence)

Assaults (Common Assault, ABH and s20 GBH)

Public Order (s5 Disorderly Behaviour, s4a Intentional Behaviour and s4 Threatening Behaviour)

Question 2

What are charges for racially or religiously aggravated offences?

Answer 2

The racially or religiously aggravated offences carry a maximum penalty that is one step higher on the sentencing ladder than the basic offence.

However, the aggravated offences place on the prosecution the additional burden of proving racial or religious motivation, or hostility in connection with the offence, in addition to the ’basic’ offence.

Question 3

An offence, under s29 of the Crime and Disorder Act 1998, is racially or religiously aggravated if:

Answer 3

(a) at the time of 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 (or presumed membership) of that group.

Key note: racial/religious aggravation has no effect on the offence of S.18 GBH (with intent) due to the seriousness of the premeditation already required, however the evidence you gather of any racial or religious motivations may help to prove the intent needed for this offence.