Section 28 of the Crime and Disorder Act 1998: Understanding Racially and Religiously Aggravated Offences
Defining Racially or Religiously Aggravated Offences
Section 28 of the Crime and Disorder Act 1998 (CDA) provides a comprehensive definition of what constitutes a racially or religiously aggravated offence.
Racial/Religious Aggravation
Under the CDA, an offence is racially or religiously aggravated if it is motivated by hostility or prejudice based on a victim's:
- Race
- Religion
Objective and Subjective Elements
To establish racial or religious aggravation, both objective and subjective elements must be satisfied:
- Objective Element: The offender's hostility or prejudice must be demonstrated through their actions, words, or conduct.
- Subjective Element: The victim must have perceived the offence as racially or religiously motivated.
Consequences of Racially/Religiously Aggravated Offences
Racially or religiously aggravated offences carry enhanced penalties under the CDA. This is because they are considered particularly harmful due to their potential to incite hatred and division within society.
Higher Sentences
Courts are required to impose more severe sentences for offences that are racially or religiously aggravated. This includes higher prison terms and fines.
Hatespeak and Intimidation
The CDA also criminalizes acts of hatespeak and intimidation motivated by racial or religious hostility. This includes:
- Threatening or harassing behavior
- Distributing racially or religiously inflammatory material
Implications for Law Enforcement and Victims
Section 28 of the CDA plays a critical role in:
- Guiding law enforcement investigations and prosecutions
- Providing protection and support to victims of racially or religiously aggravated offences
By understanding the definition and consequences of racially and religiously aggravated offences, both law enforcement and the public can work together to prevent and address these harmful crimes.
Komentar