England and Wales

‘Race-hate’

Sections 28-32 of the 1998 Crime and Disorder Act established racially aggravated offences for England and Wales for a number of already existing offences: assault (malicious wounding, grievous bodily harm [section 20 of the 1861 Offences Against the Person Act], actual bodily harm [section 47 of the 1861 Offences Against the Person Act] and common assault); criminal damage (destroying or damaging property belonging to another [section 1(1) of the 1971 Criminal Damage Act]); public order offences (fear or provocation of violence [section 4 of the 1986 Public Order Act]); intentional harassment, alarm or distress [section 4A of the 1986 Public Order Act] and harassment, alarm or distress [section 5 of the 1986 Public Order Act]); and harassment (offence of harassment [section 2 of the 1997 Protection from Harassment Act]). These offences are racially aggravated if ‘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 group’ (section 28(1)(a)); or ‘the offence is motivated (wholly or partly) by hostility towards members of a racial group based on their membership of that group’ (section 28(1)(b)). According to the Act racial group ‘means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins’ (section 28(4)). Higher sentences are provided on conviction by the racially aggravated offences compared with the already existing offences. (See www.opsi.gov.uk/acts/acts1998/98037--e.htm#28, last accessed 13/06/07.)

Section 153 of the 2000 Powers of Criminal Courts (Sentencing) Act provides for courts in cases where there is racial aggravation (other than offences under sections 29-32 of the 1998 Crime and Disorder Act) to treat it as an aggravating factor that increases the seriousness of the offence and to state in open court that the offence was so aggravated. (See www.opsi.gov.uk/acts/acts2000/00006--r.htm#153, last accessed 13/06/07.)

‘Religious-hate’

Section 39 of the 2001 Anti-terrorism, Crime and Security Act amended Part 2 of the 1998 Crime and Disorder Act by substituting ‘racially or religiously aggravated’ offences for ‘racially aggravated’ offences, and ‘racial or religious group’ for ‘racial group’. Section 39(5) defines ‘religious group’ ‘by reference to religious belief or lack of religious belief ‘. (See www.opsi.gov.uk/ACTS/acts2001/10024--f. htm#39, last accessed 13/06/07.)