Select Committee on Religious Offences in England and Wales Minutes of Evidence


Powers of Criminal Courts (Sentencing) Act 2000 as amended by Anti-Terrorism, Crime and Security Act 2001

Increase in sentences for racial or religious aggravation

  153. —(1)  This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc.).

  (2)  If the offence was racially or religiously aggravated, the court—

    (a)  shall treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and

    (b)  shall state in open court that the offence was so aggravated.

  (3)  Section 28 of the Crime and Disorder Act 1998 (meaning of "racially or religiously aggravated") applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.


 
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