Section 39 Religiously aggravated offences

England, Wales and Northern Ireland

(1)

Part 2 of the Crime and Disorder Act 1998 (c. 37) is amended as set out in subsections (2) to (6).

(2)

In the cross-heading preceding section 28 for “Racially-aggravated” substitute “ Racially or religiously aggravated ”.

(3)

In section 28 (meaning of racially aggravated)—

(a)

in the sidenote and subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”;

(b)

in subsections (1) and (2) for “racial group” substitute “ racial or religious group ”;

(c)

in subsection (3) for the words from “on” to the end of the subsection substitute “ on any other factor not mentioned in that paragraph. ”

(4)

In section 28 after subsection (4) insert—

“(5)
In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.”

(5)

In each of the provisions listed in subsection (6)—

(a)

in the sidenote for “Racially-aggravated” substitute “ Racially or religiously aggravated ”;

(b)

in subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”.

(6)

The provisions are—

(a)

section 29 (assaults);

(b)

section 30 (criminal damage);

(c)

section 31 (public order offences);

(d)

section 32 (harassment etc.).

(7)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

F1: S. 39(7) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 27, 44(4)(u) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))
F2: S. 39(8) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174, 178, Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(u)(xlvii)