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.