Part 5Race and Religion

F337 Meaning of racial hatred

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F438 Meaning of fear and hatred

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39 Religiously aggravated offences

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

40 Racial hatred offences: penalties

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: penalties

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 Saving

This Part does not apply to anything done before it comes into force.