Racially And Religiously Aggravated Offences Flashcards
Are rastas covered as racially or religiously aggravated?
Yes
Can you get racially aggravated common assault?
Yes
Section 28 of the Crime and Disorder Act 1998 defines racial and/or religious aggravation and the time period during which the hostility must be demonstrated towards the victim for it to be classified as a racially or religiously aggravated offence.
What is that time period?
It can be demonstrated immediately before, during or immediately after the offence.
Does the court need to take into account the suspects motivation or the victim’s feelings when considering racially aggravated offences?
The court also held that the “victim’s own perception of the words used was irrelevant”, as was the fact that he “was not personally upset” by the situation. Similarly, the fact that the defendant might have been motivated to utter the words merely by frustration rather than racism was also irrelevant (DPP v Woods [2002] EWHC Admin 85). Simply, under s. 28(1)(a), when the person has “demonstrated” hostility based on the victim’s membership (or presumed membership) of a racial or religious group at the time of committing the offence, or immediately before or after doing so, the offence is complete regardless of his/her motivation or the perception of the victim (or some other bystander).
If a suspect commits a criminal damage over a neighbour despute. When arrested he says something racist. is it racially agg crim dam?
No it must be immediately before, during or after that the comments are made not retrospectively.
For publication and distribution of written material which is threatening - section 29C of the public order act - does the suspect require intent?
Yes
29C offence - threatening - intent required
Section 19 offence - publicising or distributing material - no intent
Under the section 18 public order act, stirring racial hatred, does it include religion?
No nationality only.
