Racially or Religiously Aggravated Criminal Damage (Section 30 Crime and Disorder Act 1998)

Racially or Religiously Aggravated Criminal Damage is an offence under s.30 Crime and Disorder Act 1998. A person is guilty of the offence if he commits an offence under s.1(1) Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is racially or religiously aggravated (s.30(1)). An offence is racially or religiously aggravated if, at the time of committing it or immediately before or after doing so, the offender demonstrates towards the victim hostility based on the victim's membership (or presumed membership) of a racial or religious group, or the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group (s.28(1)); for s.30 the person to whom the property belongs, or is treated as belonging, is treated as the victim (s.30(3)). It is immaterial whether the offender's hostility is also based, to any extent, on any other factor (s.28(3)). Maximum sentence: on conviction on indictment, imprisonment for a term not exceeding fourteen years or a fine, or both; on summary conviction, imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both (s.30(2)).

In practice

This is an either-way offence: it may be tried at the magistrates' court or the Crown Court. Mode of trial depends on the seriousness and the defendant's election. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).