Section 148 Interpretation of sections 146 and 147I1

England and Wales Not yet in force

(1)

This section applies for the interpretation of sections 146 and 147.

(2)

“Emergency worker” means an emergency worker, within the meaning of section 3 of the Assaults on Emergency Workers (Offences) Act 2018, acting in their capacity as such.

(3)

The conduct of a person (“D”) is hostile towards another person (“E”) if—

(a)

at the time of that conduct, or immediately before or after that time, D demonstrates towards E hostility based on—

(i)

E’s membership (or presumed membership) of a racial group,

(ii)

E’s membership (or presumed membership) of a religious group,

(iii)

a disability (or presumed disability) of E,

(iv)

the sexual orientation (or presumed sexual orientation) of E,

(v)

E being (or being presumed to be) transgender, or

(vi)

the sex (or presumed sex) of E, or

(b)

D’s conduct is motivated (wholly or partly) by—

(i)

hostility towards members of a racial group based on their membership of that group,

(ii)

hostility towards members of a religious group based on their membership of that group,

(iii)

hostility towards persons who have a disability or a particular disability,

(iv)

hostility towards persons who are of a particular sexual orientation,

(v)

hostility towards persons who are transgender, or

(vi)

hostility towards persons who are of a particular sex.

(4)

It is immaterial whether D’s hostility is also based, to any extent, on any other factor not mentioned in subsection (3).

(5)

In subsection (3)—

(a)

references to a racial group are to a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins;

(b)

references to a religious group are to a group of persons defined by reference to religious belief or lack of religious belief;

(c)

“membership”, in relation to a racial or religious group, includes association with members of that group;

(d)

“disability” means any physical or mental impairment;

(e)

references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment;

(f)

“presumed” means presumed by D.

(6)

A person whose awareness is impaired by intoxication is to be treated as aware of anything they would be aware of if not intoxicated, unless they show that their intoxication—

(a)

was not self-induced, or

(b)

was caused solely by the taking or administration of a substance in the course of medical treatment.

(7)

In subsection (6) “intoxication” means any intoxication, whether caused by drink, drugs or other means, or by a combination of means.

Annotations

Commencement

I1: S. 148 not in force at Royal Assent, see s. 255(1)