Criminal Justice (Hate Offences) Act 2024
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Amendment of Criminal Justice (Public Order) Act 1994 | ||
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6. The Criminal Justice (Public Order) Act 1994 is amended— | ||
(a) in section 3, by the insertion of the following definitions: | ||
“ ‘Act of 2024’ means the Criminal Justice (Hate Offences) Act 2024; | ||
‘hatred’ has the meaning it has in section 2 of the Act of 2024; | ||
‘protected characteristic’ has the meaning it has in section 2 of the Act of 2024;”, | ||
(b) by the insertion of the following section after section 3: | ||
“Aggravation of certain offences by hatred | ||
3A. (1) An offence committed by a person is aggravated by hatred for the purposes of sections 6A, 7A, 11A and 18A if— | ||
(a) where there is a specific victim of the offence— | ||
(i) at the time of committing the offence, or immediately before or after doing so, the person demonstrates hatred towards the victim, and | ||
(ii) the hatred is on account of the victim’s membership or presumed membership of a group defined by reference to a protected characteristic, | ||
or | ||
(b) whether or not there is a specific victim of the offence, the offence is motivated (wholly or partly) by hatred towards a group of persons on account of the group being defined by reference to a protected characteristic. | ||
(2) It is immaterial whether or not an accused person’s hatred is also on account (to any extent) of any other factor. | ||
(3) In this section— | ||
‘membership’, in relation to a group, includes association with members of the group; | ||
‘presumed’ means presumed by the person who commits an offence under section 6A, 7A, 11A or 18A, as may be appropriate.”, | ||
(c) by the insertion of the following section after section 6: | ||
“Threatening, abusive or insulting behaviour in public place aggravated by hatred | ||
6A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 6 which is aggravated by hatred for the purposes of this section. | ||
(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months or to both. | ||
(3) A person charged with an offence under this section may, if the evidence does not warrant conviction for an offence under this section, be found guilty of an offence under section 6.”, | ||
(d) by the insertion of the following section after section 7: | ||
“Distribution or display in public place of material which is threatening, abusive, insulting or obscene aggravated by hatred | ||
7A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 7 which is aggravated by hatred for the purposes of this section. | ||
(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months or to both. | ||
(3) A person charged with an offence under this section may, if the evidence does not warrant conviction for an offence under this section, be found guilty of an offence under section 7.”, | ||
(e) in section 8, by the insertion of the following subsection after subsection (1): | ||
“(1A) In subsection (1)(a), the reference to a person acting in a manner contrary to the provisions of section 6 or 7 shall include a reference to a person acting in a manner contrary to the provisions of the section concerned when aggravated by hatred for the purposes of section 6A or 7A, as may be appropriate.”, | ||
(f) by the insertion of the following section after section 11: | ||
“Entering building, etc., with intent to commit an offence aggravated by hatred | ||
11A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 11 which is aggravated by hatred for the purposes of this section. | ||
(2) A person who is guilty of an offence under this section shall be liable on summary conviction to a class B fine or to imprisonment for a term not exceeding 9 months or to both. | ||
(3) A person charged with an offence under this section may, if the evidence does not warrant conviction for an offence under this section, be found guilty of an offence under section 11.”, | ||
(g) by the insertion of the following section after section 18: | ||
“Assault with intent to cause bodily harm or commit indictable offence aggravated by hatred | ||
18A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 18 which is aggravated by hatred for the purposes of this section. | ||
(2) A person guilty of an offence under this section shall be liable— | ||
(a) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 12 months or to both, or | ||
(b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 7 years or to both. | ||
(3) A person charged with an offence under this section may, if the evidence does not warrant conviction for an offence under this section, be found guilty of an offence under section 18.”, | ||
and | ||
(h) in section 24(5), by the insertion of— | ||
(i) “6A,” after “6,”, | ||
(ii) “7A,” after “7,”, | ||
(iii) “11A,” after “11,”, and | ||
(iv) “, 18A” after “18”. |