Racial or Religious Aggravated Offences
Racial and Religious Hate Crime Defence Solicitor
- Racially or religiously aggravated assault, including Common Assault, ABH and GBH,
- Racially or religiously aggravated criminal damage,
- Public Order offences, involving allegations of racial or religious hostility, including harassment, causing alarm or distress, and fear or provocation of violence.
What are Racially or Religiously Aggravated Offences?
A racially or religiously aggravated offence is a criminal offence, such as assault, criminal damage or a public order offence, where the prosecution alleges the offender demonstrated hostility based on a person's race or religion. These offences are commonly referred to as hate crimes.
Under sections 29 to 32 of the Crime and Disorder Act 1998, the prosecution must prove that the offender either demonstrated racial or religious hostility at the time of the offence, or immediately before or afterwards, or that the offence was motivated, wholly or partly, by such hostility.
Offences under sections 29 to 32 of the Act include racially or religiously aggravated:
- assault,
- criminal damage,
- public order offences,
- harassment.
The addition of a racial or religious element to an offence increases the seriousness of the allegation, often making the case more complex and, under section 66 of the Sentencing Act 2020, exposes an offender to more severe penalties than those applicable to the underlying offence.
Whether the allegation involves the use of threatening or abusive language based on a person's race, or a physical assault motivated by hostility towards their religion, allegations of this nature can result in a police investigation or arrest.
A conviction can result in a sentence of up to seven years' imprisonment, a fine, or both, making it essential to seek specialist legal advice from our specialist criminal defence solicitors.
What is a Hate Crime?
Although there is no single statutory definition of a hate crime, the Crown Prosecution Service (CPS) describes it as any criminal offence ‘perceived by the victim, or any other person, to have been motivated by hostility or prejudice based on a person’s:
- disability,
- race,
- religion,
- sexual orientation, or
- transgender identity.’
Not every offence involving race or religion will amount to a racially or religiously aggravated offence.
Whether the prosecution can prove the aggravating feature, will depend on the evidence, including the precise language used, the surrounding circumstances, the complainant's perception, and the context of the incident.
How KANGS Can Help
KANGS has extensive experience defending clients accused of hate crimes, racially aggravated offences and religiously aggravated offences.
Whether the allegation arises from a public order incident, an assault, criminal damage or comments made in person or online, our criminal defence solicitors can provide strategic advice.
We understand the serious personal, professional and reputational consequences that can follow from allegations of this nature. Our solicitors provide clear, discreet and determined representation, including:
- Advising from the earliest stage of an investigation.
- Representation at police interviews and under caution.
- Preparing and presenting a robust defence strategy.
- Examining witness, digital and other evidential material.
- Challenging allegations of hostility, motivation and intent.
- Identifying inconsistencies and weaknesses in the prosecution case.
- Representation before the Magistrates' Court and Crown Court.
Throughout your case, we will ensure you understand the allegations, the evidence and the legal options available, enabling you to make informed decisions at every stage of the proceedings.
Contact us for a confidential consultation. Our experienced team is here to guide you through every step of the legal process and fight for the best possible outcome.
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Racial or Religious Aggravation FAQs
What makes an offence racially aggravated?
An offence is racially or religiously aggravated if, at the time it is committed, or immediately before or afterwards, the person accused of the offence demonstrates hostility towards another person based on that person's membership (or presumed membership) of a racial or religious group, or if the offence is motivated, wholly or partly, by hostility towards members of a racial or religious group.
Which offences can be racially or religiously aggravated?
Any criminal offence may be treated as a hate crime where the offender has demonstrated, or been motivated by, hostility based on race or religion.
Sections 29 to 32 of the Crime and Disorder Act 1998 create several specific racially or religiously aggravated offences, including:
- Criminal Damage
- Stalking
- Harassment
- Intentional Harassment
- Common Assault
- Assault Occasioning actual bodily harm
- Wounding or inflicting of grievous bodily harm
Contact KANGS
The experienced defence lawyers at KANGS are available to assist individuals facing police investigations, interviews under caution or criminal proceedings involving allegations of racially or religiously aggravated offences. We can arrange an initial consultation in person, by video call or by telephone.
Please contact one of our experts listed below or contact us at:
What is incitement to racial hatred and stirring up religious hatred?
Under section 17 of the Public Order Act 1986, racial hatred is defined as hatred against a group of people identified by reference to colour, race, nationality, citizenship, or ethnic or national origins.
The Public Order Act 1986 creates a series of offences concerned with conduct capable of stirring up racial hatred. These offences cover a range of circumstances, including:
- the use of threatening, abusive or insulting words or behaviour,
- the display or distribution of written material,
- public performances, recordings, and certain programme services.
In broad terms, these offences may be committed where a person uses, publishes, distributes, shows, plays or broadcasts material that is threatening, abusive or insulting, and either intends to stir up racial hatred or, having regard to all the circumstances, racial hatred is likely to be stirred up.
Any prosecution for an offence involving the stirring up of hatred on the grounds of race or religion requires the consent of the Attorney General.
What is the sentence for racially or religiously aggravated offences?
The offences created by sections 29 to 32 of the Crime and Disorder Act 1998 carry higher maximum penalties than their non-aggravated equivalents. This reflects the additional seriousness with which the courts treat offending that involves hostility based on race or religion.
The sentence imposed in any individual case will depend on the nature of the underlying offence, the strength of the evidence relating to racial or religious hostility, the level of harm caused and any aggravating or mitigating features advanced on behalf of the defendant.
Where an offence does not fall within sections 29 to 32 of the Crime and Disorder Act 1998, but the court finds that racial or religious aggravation is present, section 66 of the Sentencing Act 2020 requires the aggravation to be treated as an aggravating factor when assessing the seriousness of the offence.
This applies where either of the following is established:
- at the time of the offence, or immediately before or after it, the offender demonstrated hostility towards the victim based on the victim’s membership, or presumed membership, of a racial or religious group; or
- the offence was motivated, wholly or partly, by hostility towards members of a racial or religious group because of their membership of that group.
Higher Level of Aggravation
Factors that may indicate a higher level of aggravation include the offender’s intention, the wider context of the conduct and the impact on the victim, their family or the wider community.
Offender’s intention may include circumstances where the:
- aggravation based on race or religion was planned.
- offence was part of a pattern of offending by the offender.
- offender was a member of, or associated with, a group promoting hostility based on race or religion.
- incident was deliberately arranged or carried out in a way intended to offend, humiliate or target the victim, or the group of which the victim is a member.
Impact on the victim or others may be that the:
- offence was committed in the victim’s home.
- victim was providing a service to the public.
- timing or location of the offence was calculated to maximise the harm or distress it caused.
- expressions of hostility were repeated or prolonged.
- offence caused fear and distress throughout a local community or more widely.
- offence caused particular distress to the victim and/or the victim’s family.
Is it an offence to take part in chanting of a racialist nature at a football match?
Yes. Section 3 of the Football (Offences) Act 1991 makes it a criminal offence to take part in chanting of an indecent or racialist nature at a designated football match.
For these purposes, ‘chanting’ includes the repeated use of words or sounds. To secure a conviction, the prosecution must prove that the words or sounds amounted to threatening, abusive or insulting chanting, and that they related to another person's colour, race, nationality (including citizenship), or ethnic or national origins.
It is not necessary for the prosecution to prove that the chanting was aimed at a specific individual or group. However, in practice, allegations commonly arise where words or sounds are said to have been directed at players, match officials, supporters or other people attending the match.
A conviction may result in a fine and can also lead to the imposition of a football banning order. A banning order can prevent a person from attending designated football matches in the United Kingdom and, in some circumstances, from travelling overseas in connection with international fixtures.
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