Part IVDealing with offenders

Chapter IIScotland

Racial aggravation

96Offences racially aggravated

1

The provisions of this section shall apply where it is—

a

libelled in an indictment; or

b

specified in a complaint,

and, in either case, proved that an offence has been racially aggravated.

2

An offence is racially aggravated for the purposes of this section if—

a

at the time of committing the offence, or immediately before or after doing so, the offender evinces towards the victim (if any) of the offence malice and ill-will based on the victim’s membership (or presumed membership) of a racial group; or

b

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

and evidence from a single source shall be sufficient evidence to establish, for the purposes of this subsection, that an offence is racially aggravated.

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

Where this section applies, the court shall, on convicting a person, take the aggravation into account in determining the appropriate sentence.

6

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