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Section 31 Racially or religiously aggravated public order offences.F3I1

England and Wales

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

(1)

A person is guilty of an offence under this section if he commits—

(a)

an offence under section 4 of the M1Public Order Act 1986 (fear or provocation of violence);

(b)

an offence under section 4A of that Act (intentional harassment, alarm or distress); or

(c)

an offence under section 5 of that Act (harassment, alarm or distress),

which is F1racially or religiously aggravated for the purposes of this section.

(2)

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

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Annotations

Textual amendments

F1

Words in s. 31(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(c) (with s. 42)

F2

S. 31(2)(3) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174(2), 178(8), Sch. 7 para. 34, Sch. 17 Pt. 2; S.I. 2005/3495 art. 2(1)(m)(u)(xlii)

F3

Words in the sidenote to s. 31 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(c) (with s. 42)

Marginal citations

M1

1986 c.64.

Commencement

I1

S. 31 wholly in force; S. 31 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)