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Crime and Disorder Act 1998

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Crime and Disorder Act 1998, Section 28 is up to date with all changes known to be in force on or before 08 August 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 1(1C) inserted by 2010 c. 17 s. 40(2) (This amendment not applied to legislation.gov.uk. S. 40 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
  • s. 8A inserted by 2010 c. 17 s. 41(3) (This amendment not applied to legislation.gov.uk. S. 41 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
  • s. 8A repealed by 2014 c. 12 Sch. 11 para. 24(c)
  • s. 9(2)(d) and word inserted by 2010 c. 17 s. 41(4)(b) (This amendment not applied to legislation.gov.uk. S. 41 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
  • s. 9(2)(d) and word omitted by 2014 c. 12 Sch. 11 para. 26(4)(a)
  • s. 9(2AA) inserted by 2010 c. 17 s. 41(4)(c) (This amendment not applied to legislation.gov.uk. S. 41 repealed (23.3.2015) without ever being in force by 2014 c. 12, Sch. 11 para. 46; S.I. 2015/373, art. 4(f)(x))
  • s. 9(2AA) repealed by 2014 c. 12 Sch. 11 para. 26(5)
  • s. 9(5A) inserted by 2020 c. 9 Sch. 2 para. 119(2)
  • Sch. 3 para. 3(11A) inserted by 2003 c. 44 Sch. 3 para. 71(d)

28 Meaning of “ [F1racially or religiously aggravated]”.E+W

(1)An offence is [F1racially or religiously aggravated] for the purposes of sections 29 to 32 below if—

(a)at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a [F2racial or religious group]; or

(b)the offence is motivated (wholly or partly) by hostility towards members of a [F2racial or religious group] based on their membership of that group.

(2)In subsection (1)(a) above—

  • membership”, in relation to a [F2racial or religious group], includes association with members of that group;

  • presumed” means presumed by the offender.

(3)It is immaterial for the purposes of paragraph (a) or (b) of subsection (1) above whether or not the offender’s hostility is also based, to any extent, [F3on any other factor not mentioned in that paragraph.]

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

[F4(5)In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.]

Textual Amendments

F1Words in s. 28(1) and the sidenote substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(a), 127(2) (with s. 42)

F2Words in s. 28(1)(2) substituted (14.12.2001) by 2001 c. 24, ss. 39(3)(b), 127(2) (with s. 42)

F3Words in s. 28(3) substituted (14.12.2001) for s. 28(3)(a)(b) by 2001 c. 24, ss. 39(3)(c), 127(2) (with s. 42)

F4S. 28(5) inserted (14.12.2001) by 2001 c. 24, ss. 39(4), 127(2) (with s. 42)

Modifications etc. (not altering text)

C1S. 28 applied (25.8.2000) by 2000 c. 6, ss. 153(3), 168(1)

C4S. 28 applied (28.3.2009 for specified purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 240(4), 383(2) (with ss. 271(1), 385); S.I. 2009/812, art. 3(a)(b); S.I. 2009/1167, art. 4

Commencement Information

I1S. 28 wholly in force; S. 28 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)

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