Criminal Justice (Hate Offences) Act 2024
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Amendment of Non-Fatal Offences against the Person Act 1997 | ||
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7. The Non-Fatal Offences against the Person Act 1997 is amended— | ||
(a) in section 1(1), 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 1: | ||
“Aggravation of certain offences by hatred | ||
1A. (1) An offence committed by a person is aggravated by hatred for the purposes of sections 2A, 3B, 4B, 5A, 9A, 10B and 13A 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 2A, 3B, 4B, 5A, 9A, 10B or 13A, as may be appropriate.”, | ||
(c) by the insertion of the following section after section 2: | ||
“Assault aggravated by hatred | ||
2A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 2 which is aggravated by hatred for the purposes of this section. | ||
(2) A person 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 2.”, | ||
(d) by the insertion of the following section after section 3A: | ||
“Assault causing harm aggravated by hatred | ||
3B. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 3 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 12 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 3.”, | ||
(e) by the insertion of the following section after section 4A: | ||
“Causing serious harm aggravated by hatred | ||
4B. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 4 which is aggravated by hatred for the purposes of this section. | ||
(2) A person guilty of an offence under this section shall be liable on conviction on indictment to a fine or to imprisonment for life 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 4.”, | ||
(f) by the insertion of the following section after section 5: | ||
“Threats to kill or cause serious harm aggravated by hatred | ||
5A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 5 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 12 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 5.”, | ||
(g) by the insertion of the following section after section 9: | ||
“Coercion aggravated by hatred | ||
9A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 9 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 9.”, | ||
(h) by the insertion of the following section after section 10A: | ||
“Harassment aggravated by hatred | ||
10B. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 10(1) which is aggravated by hatred for the purposes of this section. | ||
(2) Subsections (3) to (8), (10) to (13) and (15) of section 10 shall, with any necessary modifications, apply to an offence under this section as they apply to an offence under subsection (1) of that section. | ||
(3) A person guilty of an offence under this section shall be liable— | ||
(a) on summary conviction, to a class A 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 12 years or to both. | ||
(4) 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 10(1).”, | ||
and | ||
(i) by the insertion of the following section after section 13: | ||
“Endangerment aggravated by hatred | ||
13A. (1) A person shall be guilty of an offence under this section if he or she commits an offence under section 13 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 9 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 13.”. |