http://www.legislation.gov.uk/id/ukpga/1998/37

http://www.legislation.gov.uk/ukpga/1998/37/section/32/2001-12-14

Crime and Disorder Act 1998

An Act to make provision for preventing crime and disorder; to create certain racially-aggravated offences; to abolish the rebuttable presumption that a child is doli incapax and to make provision as to the effect of a child’s failure to give evidence at his trial; to abolish the death penalty for treason and piracy; to make changes to the criminal justice system; to make further provision for dealing with offenders; to make further provision with respect to remands and committals for trial and the release and recall of prisoners; to amend Chapter I of Part II of the Crime (Sentences) Act 1997 and to repeal Chapter I of Part III of the Crime and Punishment (Scotland) Act 1997; to make amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of certain enactments; and for connected purposes.

1998-07-31

text

text/xml

en

Statute Law Database

2024-04-10

2001-12-14

Crime and Disorder Act 1998

Sch. 3

para. 3(11A)

Criminal Justice Act 2003

Sch. 3

para. 71(d)

s. 336(3)

(4)

Crime and Disorder Act 1998

s. 51(2A)-(2E)

Judicial Review and Courts Act 2022

s. 10(4)

s. 51(4)

Crime and Disorder Act 1998

s. 51(3A)

(3B)

Judicial Review and Courts Act 2022

s. 10(5)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(A1)

Judicial Review and Courts Act 2022

s. 10(7)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(3A)-(3E)

Judicial Review and Courts Act 2022

s. 10(9)

s. 51(4)

Crime and Disorder Act 1998

s. 51A(4A)

(4B)

Judicial Review and Courts Act 2022

s. 10(10)

s. 51(4)

Crime and Disorder Act 1998

s. 52(2A)

Judicial Review and Courts Act 2022

s. 10(11)

s. 51(4)

Crime and Disorder Act 1998

s. 47(A1)

Judicial Review and Courts Act 2022

s. 12(2)

s. 51(4)

Crime and Disorder Act 1998

s. 47(1)-(1F)

Judicial Review and Courts Act 2022

s. 12(3)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(a)

Judicial Review and Courts Act 2022

s. 12(6)(a)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(a)

Judicial Review and Courts Act 2022

s. 12(6)(b)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4)(b) and word

Judicial Review and Courts Act 2022

s. 12(6)(c)

s. 51(4)

Crime and Disorder Act 1998

s. 47(4A)

Judicial Review and Courts Act 2022

s. 12(7)

s. 51(4)

Crime and Disorder Act 1998

s. 50A(6)

Judicial Review and Courts Act 2022

Sch. 2

para. 8(2)(b)

s. 51(4)

Crime and Disorder Act 1998

s. 1(1C)

Crime and Security Act 2010

s. 40(2)

s. 59(1)

Crime and Disorder Act 1998

s. 8A

Crime and Security Act 2010

s. 41(3)

s. 59(1)

Crime and Disorder Act 1998

s. 9(2)(d) and word

Crime and Security Act 2010

s. 41(4)(b)

s. 59(1)

Crime and Disorder Act 1998

s. 9(2AA)

Crime and Security Act 2010

s. 41(4)(c)

s. 59(1)

Crime and Disorder Act 1998

s. 8A

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 24(c)

s. 21

33

42

58

75

93

s. 185(1)

art. 4(f)(vi)

Crime and Disorder Act 1998

s. 9(2)(d) and word

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 26(4)(a)

s. 21

33

42

58

75

93

s. 185(1)

art. 3(g)(iv)

art. 4

Crime and Disorder Act 1998

s. 9(2AA)

Anti-social Behaviour, Crime and Policing Act 2014

Sch. 11

para. 26(5)

s. 21

33

42

58

75

93

s. 185(1)

art. 3(g)(iv)

art. 4

Crime and Disorder Act 1998

s. 41(5)(i)

(ii)

Counter-Terrorism and Sentencing Act 2021

Sch. 13

para. 37(3)

s. 50(3)(j)

Part II Criminal law

F3Racially or religiously aggravated offences: England and Wales

Annotations:

Amendments (Textual)

F3

Words in the cross-heading substituted (14.12.2001) by 2001 c. 24, ss. 39(2), 127(2) (with s. 42)

I132F1Racially or religiously aggravated harassment etc.

1

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

a

an offence under section 2 of the M1Protection from Harassment Act 1997 (offence of harassment); or

b

an offence under section 4 of that Act (putting people in fear of violence),

which is F2racially or religiously aggravated for the purposes of this section.

2

In section 24(2) of the 1984 Act (arrestable offences), after paragraph (o) there shall be inserted—

p
an offence falling within section 32(1)(a) of the Crime and Disorder Act 1998 (racially-aggravated harassment);

3

A person guilty of an offence falling within subsection (1)(a) above shall be liable—

a

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

b

on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

4

A person guilty of an offence falling within subsection (1)(b) above shall be liable—

a

on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

b

on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine, or to both.

5

If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of the basic offence mentioned in that provision.

6

If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above.

7

Section 5 of the M2Protection from Harassment Act 1997 (restraining orders) shall have effect in relation to a person convicted of an offence under this section as if the reference in subsection (1) of that section to an offence under section 2 or 4 included a reference to an offence under this section.