Racially-aggravated harassment

50A Racially-aggravated harassment.

1

A person is guilty of an offence under this section if he—

a

pursues a racially-aggravated course of conduct which amounts to harassment of a person and—

i

is intended to amount to harassment of that person; or

ii

occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or

b

acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress.

2

For the purposes of this section a course of conduct or an action is racially aggravated if—

a

immediately before, during or immediately after carrying out the course of conduct or action the offender evinces towards the person affected malice and ill-will based on that person’s membership (or presumed membership) of a racial group; or

b

the course of conduct or action is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group.

3

In subsection (2)(a) above—

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

• “presumed” means presumed by the offender.

4

It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender’s malice and ill-will is also based, to any extent, on—

a

the fact or presumption that any person or group of persons belongs to any religious group; or

b

any other factor not mentioned in that paragraph.

5

A person who is guilty of an offence under this section shall—

a

on summary conviction, be liable to a fine not exceeding the statutory maximum, or imprisonment for a period not exceeding six months, or both such fine and such imprisonment; and

b

on conviction on indictment, be liable to a fine or to imprisonment for a period not exceeding seven years, or both such fine and such imprisonment.

6

In this section—

• “conduct” includes speech;

• “harassment” of a person includes causing the person alarm or distress;

• “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins,

and a course of conduct must involve conduct on at least two occasions.