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.