Part 12Sentencing

Chapter 1General provisions about sentencing

Matters to be taken into account in sentencing

145Increase in sentences for racial or religious aggravation

1

This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc).

2

If the offence was racially or religiously aggravated, the court—

a

must treat that fact as an aggravating factor, and

b

must state in open court that the offence was so aggravated.

3

Section 28 of the Crime and Disorder Act 1998 (meaning of “racially or religiously aggravated”) applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.