Anti-terrorism, Crime and Security Act 2001 (c. 24)

Part 5 E+W+N.I. Race and Religion

37 Meaning of racial hatred E+W+N.I.

In section 17 of the Public Order Act 1986 (c. 64) (racial hatred defined by reference to a group of persons in Great Britain) omit the words “in Great Britain”.

38 Meaning of fear and hatred E+W+N.I.

In Article 8 of the Public Order (Northern Ireland) Order 1987 (S.I. 1987/463 (N.I. 7)) in the definition of fear and the definition of hatred (fear and hatred defined by reference to a group of persons in Northern Ireland) omit the words “in Northern Ireland”.

39 Religiously aggravated offences E+W+N.I.

(1) Part 2 of the Crime and Disorder Act 1998 (c. 37) is amended as set out in subsections (2) to (6).

(2) In the cross-heading preceding section 28 for “Racially-aggravated” substitute “ Racially or religiously aggravated ”.

(3) In section 28 (meaning of racially aggravated)—

(a) in the sidenote and subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”;

(b) in subsections (1) and (2) for “racial group” substitute “ racial or religious group ”;

(c) in subsection (3) for the words from “on” to the end of the subsection substitute “ on any other factor not mentioned in that paragraph. ”

(4) In section 28 after subsection (4) insert—

“(5) In this section “religious group” means a group of persons defined by reference to religious belief or lack of religious belief.”

(5) In each of the provisions listed in subsection (6)—

(a) in the sidenote for “Racially-aggravated” substitute “ Racially or religiously aggravated ”;

(b) in subsection (1) for “racially aggravated” substitute “ racially or religiously aggravated ”.

(6) The provisions are—

(a) section 29 (assaults);

(b) section 30 (criminal damage);

(c) section 31 (public order offences);

(d) section 32 (harassment etc.).

(7) F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 39(7) repealed (4.4.2005) by Criminal Justice Act 2003 (c. 44), ss. 332, 336, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 paras. 27, 44(4)(u) (subject to art. 2(2), Sch. 2 (as amended by S.I. 2005/2122, art. 2))

F2 S. 39(8) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 174, 178, Sch. 17 Pt. 2; S.I. 2005/3495, art. 2(u)(xlvii)

40 Racial hatred offences: penalties E+W+N.I.

In section 27(3) of the Public Order Act 1986 (c. 64) (penalties for racial hatred offences) for “two years” substitute “ seven years ”.

41 Hatred and fear offences: penalties E+W+N.I.

In Article 16(1) of the Public Order (Northern Ireland) Order 1987 (S.I. 1987/ 463 (N.I. 7)) (penalties for offences involving stirring up hatred or arousing fear) for “2 years” substitute “ 7 years ”.

42 Saving E+W+N.I.

This Part does not apply to anything done before it comes into force.