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Part IIE+W+S+N.I. Criminal law

[F1Racially or religiously aggravated] offences: England and WalesE+W

Annotations:

Amendments (Textual)

F1Words in the cross-heading substituted (14.12.2001) by 2001 c. 24, ss. 39(2), 127(2) (with s. 42)

32[F2Racially or religiously aggravated] harassment etc.E+W

(1)A person is guilty of an offence under this section if he commits—

(a)an offence under section 2 [F3or 2A] of the M1Protection from Harassment Act 1997 ([F4offences of harassment and stalking]); or

(b)an offence under section 4 [F5or 4A] of that Act (putting people in fear of violence [F6and stalking involving fear of violence or serious alarm or distress]),

which is [F7racially or religiously aggravated] for the purposes of this section.

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A person guilty of an offence falling within subsection (1)(a) above shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(4)A person guilty of an offence falling within subsection (1)(b) above shall be liable—

(a)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

(b)on conviction on indictment, to imprisonment for a term not exceeding [F9 14 years ] or to a fine, or to both.

(5)If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of [F10either basic offence] mentioned in that provision.

(6)If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above.

(7)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F2Words in the sidenote to s. 32 substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(a)(6)(d), 127(2) (with s. 42)

F7Words in s. 32(1) substituted (14.12.2001) by 2001 c. 24, ss. 39(5)(b)(6)(d), 127(2) (with s. 42)

F9Words in s. 32(4)(b) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 175(2), 183(1)(5)(e) (with s. 175(3)); S.I. 2017/399, reg. 2, Sch. para. 35

Commencement Information

I1S. 32 wholly in force; S. 32 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)

Marginal Citations