Section 2 – Consequences of aggravation by prejudice
24.Section 2 provides for what is required to happen when an offence is aggravated by prejudice by virtue of section 1.
25.Section 2(2)(a) and (b) provides for certain requirements falling upon the court when an aggravation has been proved.
26.The court is required to state on conviction: (i) that the offence has been aggravated by prejudice, and (ii) the type of prejudice by which the offence is aggravated, with reference to one or more of the characteristics mentioned in section 1(2) of the Act (see paragraph 13 above). These requirements also exist in respect of the recording of the conviction in official records.
27.The effect of an aggravation being proved is, by virtue of section 2(2)(c), that the court must take the aggravation into account in determining the appropriate sentence. This does not mean in itself that a sentence should be more severe than it otherwise would have been, but it does ensure the court will need to consider as a relevant sentencing factor that an offence has been aggravated by prejudice.
28.Section 2(2)(d) requires the court to explain the effect of the aggravation on the sentence imposed.
29.If the sentence is different, such as being more severe, than that which otherwise would have been imposed if no aggravation had been proved, the court must advise the extent to which the sentence is different. Equally, where there is no difference in sentence, the court must explain the reasons why this is the case in light of the offence having been aggravated by prejudice.
