Policing Our Communities

LEGISLATION

Legislation to combat racist behaviour

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.

Assaults

GBH
S.20 Offences Against Person Act 1861
5 years on indictment
Black arrow pointing right 7 years if racially or religiously aggravated
       
ABH
S.47 Offences Against Person Act 1861
5 years on indictment
Black arrow pointing right 7 years if racially or religiously aggravated
       

Common assault
S 39 Criminal Justice Act 1988
6 months summary

Black arrow pointing right   2 years if racially or religiously aggravated
       

Criminal damage
S.1 (1) Criminal Damage Act 1971
10 years on indictment

Black arrow pointing right   14 years if racially or religiously aggravated

Public order

Fear or provocation of violence
S.4 Public Order Act 1986
6 months summary
Black arrow pointing right 2 years if racially or religiously aggravated
       
Intentional harassment, alarm or distress
S.4A Public Order Act 1986
6 months summary
Black arrow pointing right 2 years if racially or religiously aggravated
       

Harassment, alarm or distress
S.5 Public Order Act 1986
6 months summary

Black arrow pointing right  

1,000 fine raised if racially or religiously aggravated

Harassment

Harassment
S.1 and 2 Protection from Harassment Act 1997
6 months summary

Black arrow pointing right 2 years if racially or religiously aggravated
       
Putting people in fear of violence
S.4 Protection from Harassment Act 1997
5 years on indictment
Black arrow pointing right 7 years if racially or religiously aggravated