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Crime and Disorder Act
Criminal Law (LW2220)
University of Leicester
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Changes to legislation: Crime and Disorder Act 1998, Cross Heading: Racially or religiously aggravated offences: England and Wales is up to date with all changes known to be in force on or before 14 July 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
Crime and Disorder Act 1998
1998 CHAPTER 37
PART II
CRIMINAL LAW
[F1Racially or religiously aggravated] offences: England and Wales
Textual Amendments
F1 Words in the cross-heading substituted (14.12) by 2001 c. 24, ss. 39(2), 127(2) (with s. 42)
28 Meaning of “ [F2racially or religiously aggravated]”.
(1) An offence is [F2racially or religiously aggravated] for the purposes of sections 29 to
32 below 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 [F3racial or religious
group]; or
(b) the offence is motivated (wholly or partly) by hostility towards members of a
[F3racial or religious group] based on their membership of that group.
(2) In subsection (1)(a) above—
“membership”, in relation to a [F3racial or religious group], includes
association with members of that group;
“presumed” means presumed by the offender.
(3) It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether
or not the offender’s hostility is also based, to any extent, [F4on any other factor not
mentioned in that paragraph.]
(4) In this section “racial group” means a group of persons defined by reference to race,
colour, nationality (including citizenship) or ethnic or national origins.
Part II – Criminal law Document Generated: 2019-07- Changes to legislation: Crime and Disorder Act 1998, Cross Heading: Racially or religiously aggravated offences: England and Wales is up to date with all changes known to be in force on or before 14 July 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
[F5(5) In this section “religious group” means a group of persons defined by reference to
religious belief or lack of religious belief.]
Textual Amendments
F2 Words in s. 28(1) and the sidenote substituted (14.12) by 2001 c. 24, ss. 39(3)(a), 127(2) (with s. 42 ) F3 Words in s. 28(1)(2) substituted (14.12) by 2001 c. 24, ss. 39(3)(b), 127(2) (with s. 42) F4 Words in s. 28(3) substituted (14.12) for s. 28(3)(a)(b) by 2001 c. 24, ss. 39(3)(c), 127(2) (with s. 42 ) F5 S. 28(5) inserted (14.12) by 2001 c. 24, ss. 39(4), 127(2) (with s. 42)
Modifications etc. (not altering text)
C1 S. 28 applied (25.8) by 2000 c. 6, ss. 153(3), 168(1) C2 S. 28 applied (18.12) by Criminal Justice Act 2003 (c. 44), ss. 269(5), 336(2), Sch. 21 para. 2 C3 S. 28 applied (4.4) by Criminal Justice Act 2003 (c. 44), ss. 145(3), 336(3); S. 2005/950, art. 2(1), Sch. 1 para. 7 (with Sch. 2) C4 S. 28 applied (28.3 for specified purposes, otherwise 31.10) by Armed Forces Act 2006 (c. 52), ss. 240(4), 383(2) (with ss. 271(1), 385 ); S. 2009/812, art. 3(a)(b); S. 2009/1167, art. 4 C5 S. 28(2) applied (31.3) by Anti-social Behaviour Act 2003 (c. 38), ss. 47(2), 93(1); S. 2004/690, art. 3(g); S. 2004/999, art. 2(g)
Commencement Information
I1 S. 28 wholly in force; S. 28 not in force at Royal Assent see s. 121. In force at 30.9 by S. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
29 [F6Racially or religiously aggravated] assaults.
(1) A person is guilty of an offence under this section if he commits—
(a) an offence under section 20 of the Offences Against the M1Person Act 1861
(malicious wounding or grievous bodily harm);
(b) an offence under section 47 of that Act (actual bodily harm); or
(c) common assault,
which is [F7racially or religiously aggravated] for the purposes of this section.
(2) A person guilty of an offence falling within subsection (1)(a) or (b) above shall be
liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months
or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding seven
years or to a fine, or to both.
(3) A person guilty of an offence falling within subsection (1)(c) above shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months
or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two
years or to a fine, or to both.
Part II – Criminal law Document Generated: 2019-07- Changes to legislation: Crime and Disorder Act 1998, Cross Heading: Racially or religiously aggravated offences: England and Wales is up to date with all changes known to be in force on or before 14 July 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
(2)F12................................
(3)F12................................
(4) A person guilty of an offence falling within subsection (1)(a) or (b) above shall be
liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months
or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two
years or to a fine, or to both.
(5) A person guilty of an offence falling within subsection (1)(c) above shall be liable on
summary conviction to a fine not exceeding level 4 on the standard scale.
(6) If, on the trial on indictment of a person charged with an offence falling within
subsection (1)(a) or (b) above, the jury find him not guilty of the offence charged, they
may find him guilty of the basic offence mentioned in that provision.
(7) For the purposes of subsection (1)(c) above, section 28(1)(a) above shall have effect
as if the person likely to be caused harassment, alarm or distress were the victim of
the offence.
Textual Amendments
F10 Words in the sidenote to s. 31 substituted (14.12) by 2001 c. 24, ss. 39(5)(a)(6)(c) (with s. 42) F11 Words in s. 31(1) substituted (14.12) by 2001 c. 24, ss. 39(5)(b)(6)(c) (with s. 42) F12 S. 31(2)(3) repealed (1.1) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174(2), 178(8), Sch. 7 para. 34, Sch. 17 Pt. 2; S. 2005/3495 art. 2(1)(m)(u)(xlii)
Commencement Information
I4 S. 31 wholly in force; S. 31 not in force at Royal Assent see s. 121. In force at 30.9 by S. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
Marginal Citations
M3 1986 c.
32 [F13Racially or religiously aggravated] harassment etc.
(1) A person is guilty of an offence under this section if he commits—
(a) an offence under section 2 [F14or 2A] of the M4Protection from Harassment Act
1997 ([F15offences of harassment and stalking]); or
(b) an offence under section 4 [F16or 4A] of that Act (putting people in fear
of violence [F17and stalking involving fear of violence or serious alarm or
distress]),
which is [F18racially or religiously aggravated] for the purposes of this section.
F19(2)................................
(3) A person guilty of an offence falling within subsection (1)(a) above shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months
or to a fine not exceeding the statutory maximum, or to both;
Part II – Criminal law Document Generated: 2019-07-
5
Changes to legislation: Crime and Disorder Act 1998, Cross Heading: Racially or religiously aggravated offences: England and Wales is up to date with all changes known to be in force on or before 14 July 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes
(b) on conviction on indictment, to imprisonment for a term not exceeding two
years or to a fine, or to both.
(4) A person guilty of an offence falling within subsection (1)(b) above shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months
or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding [F20 14
years ] or to a fine, or to both.
(5) If, on the trial on indictment of a person charged with an offence falling within
subsection (1)(a) above, the jury find him not guilty of the offence charged, they may
find him guilty of [F21either basic offence] mentioned in that provision.
(6) If, on the trial on indictment of a person charged with an offence falling within
subsection (1)(b) above, the jury find him not guilty of the offence charged, they may
find him guilty of an offence falling within subsection (1)(a) above.
(7)F22................................
Textual Amendments
F13 Words in the sidenote to s. 32 substituted (14.12) by 2001 c. 24, ss. 39(5)(a)(6)(d), 127(2) (with s. 42) F14 Words in s. 32(1)(a) inserted (25.11) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 144(2)(a)(i) (with s. 97); S. 2012/2075, art. 5(d) F15 Words in s. 32(1)(a) substituted (25.11) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 144(2)(a)(ii) (with s. 97); S. 2012/2075, art. 5(d) F16 Words in s. 32(1)(b) inserted (25.11) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 144(2)(b)(i) (with s. 97); S. 2012/2075, art. 5(d) F17 Words in s. 32(1)(b) inserted (25.11) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 144(2)(b)(ii) (with s. 97); S. 2012/2075, art. 5(d) F18 Words in s. 32(1) substituted (14.12) by 2001 c. 24, ss. 39(5)(b)(6)(d), 127(2) (with s. 42) F19 S. 32(2) repealed (1.10) by Police Reform Act 2002 (c. 30), s. 107(2), Sch. 8; S. 2002/2306, art. 2(g)(iii)(f) F20 Words in s. 32(4)(b) substituted (31.1 for specified purposes, 3.4 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 175(2), 183(1)(5)(e) (with s. 175(3)); S. 2017/399, reg. 2, Sch. para. 35 F21 Words in s. 32(5) substituted (25.11) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 144(3) (with s. 97); S. 2012/2075, art. 5(d) F22 S. 32(7) repealed (30.9) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58, 60 , Sch. 10 para. 48, Sch. 11 (with Sch. 12 para. 5(1)); S. 2009/2616, art. 2
Commencement Information
I5 S. 32 wholly in force; S. 32 not in force at Royal Assent see s. 121. In force at 30.9 by S. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
Marginal Citations
M4 1997 c.
Crime and Disorder Act
Module: Criminal Law (LW2220)
University: University of Leicester
