Part II Criminal law

Racially or religiously aggravated offences: England and Wales

32F1Racially 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 F2or 2A of the M1Protection from Harassment Act 1997 (F3offences of harassment and stalking); or

(b)

an offence under section 4 F4or 4A of that Act (putting people in fear of violence F5and stalking involving fear of violence or serious alarm or distress),

which is F6racially or religiously aggravated for the purposes of this section.

F7(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 F8 14 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 F9either 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)

F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .