Serious Crime and Other Offences - Racially and Religiously Aggravated Offences Flashcards
What is the legislation for Racially or Religiously Aggravated Offences?
Section 28 of the Crime and Disorder Act 1998
(1) An offence is racially or religiously aggravated for the purposes of sections 29 to 32 . . . if—
(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 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 of that group.
What offences can be racially or religiously aggravated?
Public order offences (s.4 (fear or provocation of violence), s.4a (intentional harassment, alarm, disress) and s.5 (causing harassment, alarm, distress)), criminal damage, harassment/ stalking and assault (s.39, s.47, s.20)
Who decides whether a crime is racially or religiously aggravated?
The victim
We could decide based on other evidence
When must the racial/ religious aggravating factor be shown?
- at the time of committing the offence
- immediately before doing so
- immediately after doing so
20 minutes after would not count
Who are not included in racial/ religious aggravated offences?
‘Travellers’ are the only group of people who are identified as falling outside the definition of a racial or religious group as long as the hostility was based purely on that feature, i.e. that he/she was a ‘traveller’. A traveller can still be subject to the offence as he/she will have a race and a religion/non-religion.
Does the victim have to be upset by the racial/ religious aggravation?
under s. 28(1)(a), when the person has demonstrated hostility based on the victim’s membership (or presumed membership) of a racial or religious group at the time of committing the offence, or immediately before or after doing so, the offence is complete regardless of his/her motivation or the perception of the victim (or some other bystander)
