Hate Crime Flashcards
The Crime and Disorder Act 1998 sets out circumstances in which certain offences become racially or religiously aggravated.
Which of the following offences would be capable of being racially or religiously aggravated?
A. An offence of grievous bodily harm with intent (contrary to s. 18 of the Offences Against the Person Act 1981).
B. An offence of aggravated criminal damage (contrary to s. 1(2) of the Criminal Damage Act 1971).
C. An offence of stalking (contrary to s. 2A of the Protection from Harassment Act 1997).
D. An offence of affray (contrary to s. 3 of the Public Order Act 1986).
The offences that can become racially or religiously aggravated can be grouped in four categories:
Assaults
• wounding or grievous bodily harm—Offences Against the Person Act 1861, s. 20
• causing actual bodily harm—Offences Against the Person Act 1861, s. 47
• common assault—Criminal Justice Act 1988, s. 39
Criminal Damage
• ‘simple’ criminal damage—Criminal Damage Act 1971, s. 1(1)
Public Order
• causing fear or provocation of violence—Public Order Act 1986, s. 4
• intentional harassment, alarm or distress—Public Order Act 1986, s. 4A
• causing harassment, alarm or distress—Public Order Act 1986, s. 5
Harassment
• harassment—Protection from Harassment Act 1997, s. 2
• stalking—Protection from Harassment Act 1997, s. 2A
• putting people in fear of violence—Protection from Harassment Act 1997, s. 4
• stalking involving fear of violence or serious alarm or distress—Protection from Harassment Act 1997, s. 4A
Answers A, B and D would not be covered - answer C is correct.
