Section 28 Crime and Disorder Act 1998 as amended by the Anti-terrorism, Crime and Security Act 2001 Racially or religiously aggravated offences are when:
| the offence is wholly or partly motivated by hostility towards members of a racial/religious group based on their membership of that racial/religious group. | OR | at the time of, or immediately before or after, committing the offence, the offender demonstrates towards the victim hostility based on the victim's membership of a racial/religious group. |
Racial group - a group of people defined by reference to race, colour, nationality (including citizenship), ethnic or national origins. Religious group - a group of persons defined by reference to religious belief or lack of religious belief.
Note:- membership of a racial/religious group includes "association with members of that group", so people can be victims of racially or religiously-aggravated offences committed by an attacker from the same ethnic/religious group as them.
This means the maximum penalties are increased for assaults, criminal damage, public order and harassment offences.
| GBH S.20 Offences Against Person Act 1861 5 years on indictment |
![]() | 7 years if racially or religiously aggravated | |
| ABH S.47 Offences Against Person Act 1861 5 years on indictment |
![]() | 7 years if racially or religiously aggravated | |
Common assault |
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2 years if racially or religiously aggravated | |
Criminal damage |
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14 years if racially or religiously aggravated |
| Fear or provocation of violence S.4 Public Order Act 1986 6 months summary |
![]() | 2 years if racially or religiously aggravated | |
| Intentional harassment, alarm or distress S.4A Public Order Act 1986 6 months summary |
![]() | 2 years if racially or religiously aggravated | |
Harassment, alarm or distress |
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1,000 fine raised if racially or religiously aggravated |
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Harassment |
![]() | 2 years if racially or religiously aggravated | |
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Putting people in fear of violence S.4 Protection from Harassment Act 1997 5 years on indictment |
![]() | 7 years if racially or religiously aggravated |