OpenLegislation

Section 28 Meaning of “ racially or religiously aggravated”.F1I1C1C2C3C4

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

An offence is racially 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 F2racial 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.

C5(2)

In subsection (1)(a) above—

  • “membership”, in relation to a racial 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, F3on 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.

F4(5)

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

Annotations

Textual amendments

F1

Words in s. 28(1) and the sidenote substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(a), 127(2) (with s. 42)

F2

Words in s. 28(1)(2) substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(b), 127(2) (with s. 42)

F3

Words in s. 28(3) substituted (14.12.2001) for s. 28(3)(a)(b) by 2001 c. 24, ss. 39(3)(c), 127(2) (with s. 42)

F4

S. 28(5) inserted (14.12.2001) by 2001 c. 24, ss. 39(4), 127(2) (with s. 42)

Modifications

C1

S. 28 applied (25.8.2000) by 2000 c. 6, ss. 153(3), 168(1)

C2

S. 28 applied (18.12.2003) by Criminal Justice Act 2003 (c. 44), ss. 269(5), 336(2), Sch. 21 para. 2

C3

S. 28 applied (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 145(3), 336(3); S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (with Sch. 2)

C4

S. 28 applied (28.3.2009 for specified purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 240(4), 383(2) (with ss. 271(1), 385); S.I. 2009/812, art. 3(a)(b); S.I. 2009/1167, art. 4

C5

S. 28(2) applied (31.3.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 47(2), 93(1); S.I. 2004/690, art. 3(g); S.I. 2004/999, art. 2(g)

Commencement

I1

S. 28 wholly in force; S. 28 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Notes on Racially or religiously aggravated offences: England and Wales

Textual amendments

F1

Words in the cross-heading substituted (14.12.2001) by 2001 c. 24, ss. 39(2), 127(2) (with s. 42)