PART 1Aggravation of offences by prejudice
1Aggravation of offences by prejudice
1
An offence is aggravated by prejudice 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 offender demonstrates malice and ill-will towards the victim, and
ii
the malice and ill-will is based on the victim’s membership or presumed membership of a group defined by reference to a characteristic mentioned in subsection (2), or
b
whether or not there is a specific victim of the offence, the offence is motivated (wholly or partly) by malice and ill-will towards a group of persons based on the group being defined by reference to a characteristic mentioned in subsection (2).
2
The characteristics are—
a
age,
b
disability,
c
race, colour, nationality (including citizenship), or ethnic or national origins,
d
religion or, in the case of a social or cultural group, perceived religious affiliation,
e
sexual orientation,
f
transgender identity,
g
variations in sex characteristics.
3
It is immaterial whether or not the offender’s malice and ill-will is also based (to any extent) on any other factor.
4
Evidence from a single source is sufficient to prove that an offence is aggravated by prejudice.
5
In this section—
“membership”, in relation to a group, includes association with members of that group,
“presumed” means presumed by the offender.