Increase in sentence for offences aggravated by hostility2

1

This Article applies where a court is considering the seriousness of an offence.

2

If the offence was aggravated by hostility, 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

For the purposes of this Article an offence is aggravated by hostility if—

a

at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on—

i

the victim’s membership (or presumed membership) of a racial group;

ii

the victim’s membership (or presumed membership) of a religious group;

iii

the victim’s membership (or presumed membership) of a sexual orientation group;

iv

a disability or presumed disability of the victim; or

b

the offence is motivated (wholly or partly) by hostility towards—

i

members of a racial group based on their membership of that group;

ii

members of a religious group based on their membership of that group;

iii

members of a sexual orientation group based on their membership of that group;

iv

persons who have a disability or a particular disability.

4

It is immaterial for the purposes of sub-paragraph (a) or (b) of paragraph (3) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that sub-paragraph.

5

In this Article—

  • “disability” means any physical or mental impairment;

  • “membership”, in relation to a racial, religious or sexual orientation group, includes association with members of that group;

  • “presumed” means presumed by the offender;

  • “racial group” has the same meaning as in the Race Relations (Northern Ireland) Order 1997 (NI 6);

  • “religious group” means a group of persons defined by reference to religious belief or lack of religious belief;

  • “sexual orientation group” means a group of persons defined by reference to sexual orientation.