Racially or Religiously Aggravated Harassment (Section 32 Crime and Disorder Act 1998)

Racially or Religiously Aggravated Harassment is an offence under s.32 Crime and Disorder Act 1998. A person is guilty of the offence if he commits an offence under s.2 or 2A Protection from Harassment Act 1997 (harassment and stalking), or an offence under s.4 or 4A of that Act (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress), which is racially or religiously aggravated (s.32(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 defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins, and a religious group by reference to religious belief or lack of religious belief (s.28(4) and (5)). Maximum sentence: for the s.2 or 2A limb, 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.32(3)); for the s.4 or 4A limb, 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 14 years or a fine, or both (s.32(4)). On a trial on indictment the jury may convict of the basic offence instead (s.32(5) and (6)).

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).