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(1)This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the [1998 c. 37.] Crime and Disorder Act 1998 (racially-aggravated assaults, racially-aggravated criminal damage, racially-aggravated public order offences and racially-aggravated harassment etc.).
(2)If the offence was racially 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 [1998 c. 37.] Crime and Disorder Act 1998 (meaning of “racially 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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