Racially or Religiously Aggravated Assault (Section 29 Crime and Disorder Act 1998)

Racially or Religiously Aggravated Assault is an offence under s.29 Crime and Disorder Act 1998. A person is guilty of the offence if he commits an offence under s.20 (malicious wounding or grievous bodily harm) or s.47 (actual bodily harm) Offences Against the Person Act 1861, an offence under s.75A Serious Crime Act 2015 (strangulation or suffocation), or common assault, which is racially or religiously aggravated (s.29(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)); membership includes association with members of the group, presumed means presumed by the offender (s.28(2)), and it is immaterial whether the hostility is also based on any other factor (s.28(3)). A racial group is a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins (s.28(4)); a religious group is a group defined by reference to religious belief or lack of religious belief (s.28(5)). Maximum sentence: for an offence within s.29(1)(a), (b) or (ba), on summary conviction imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both, and on conviction on indictment imprisonment for a term not exceeding seven years or a fine, or both (s.29(2)); for racially or religiously aggravated common assault (s.29(1)(c)), on summary conviction imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum, or both, and on conviction on indictment imprisonment for a term not exceeding two years or a fine, or both (s.29(3)). Common assault on its own is a summary offence (Criminal Justice Act 1988, s.39(1)); the aggravated form is triable either way.

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. Officers should photograph injuries at the earliest opportunity and again after 24-48 hours (bruising develops). Domestic abuse cases require completion of a DASH risk assessment. 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).