Part 5 E+W+N.I.Race and Religion
37 Meaning of racial hatredE+W+N.I.
In section 17 of the Public Order Act 1986 (c. 64) (racial hatred defined by reference to a group of persons in Great Britain) omit the words “in Great Britain”.
38 Meaning of fear and hatredE+W+N.I.
In Article 8 of the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)) in the definition of fear and the definition of hatred (fear and hatred defined by reference to a group of persons in Northern Ireland) omit the words “in Northern Ireland”.
39 Religiously aggravated offencesE+W+N.I.
(1)Part 2 of the Crime and Disorder Act 1998 (c. 37) is amended as set out in subsections (2) to (6).
(2)In the cross-heading preceding section 28 for “Racially-aggravated” substitute “ Racially or religiously aggravated ”.
(3)In section 28 (meaning of racially aggravated)—
(a)in the sidenote and subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”;
(b)in subsections (1) and (2) for “racial group” substitute “ racial or religious group ”;
(c)in subsection (3) for the words from “on” to the end of the subsection substitute “ on any other factor not mentioned in that paragraph. ”
(4)In section 28 after subsection (4) insert—
“(5)In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.”
(5)In each of the provisions listed in subsection (6)—
(a)in the sidenote for “Racially-aggravated” substitute “ Racially or religiously aggravated ”;
(b)in subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”.
(6)The provisions are—
(a)section 29 (assaults);
(b)section 30 (criminal damage);
(c)section 31 (public order offences);
(d)section 32 (harassment etc.).
(7)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 39(7) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 27, 44(4)(u) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))
F2S. 39(8) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174, 178, Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(u)(xlvii)
40 Racial hatred offences: penaltiesE+W+N.I.
In section 27(3) of the Public Order Act 1986 (c. 64) (penalties for racial hatred offences) for “two years” substitute “ seven years ”.
41 Hatred and fear offences: penaltiesE+W+N.I.
In Article 16(1) of the Public Order (Northern Ireland) Order 1987 (S.I. 1987/ 463 (N.I. 7)) (penalties for offences involving stirring up hatred or arousing fear) for “2 years” substitute “ 7 years ”.
42 SavingE+W+N.I.
This Part does not apply to anything done before it comes into force.