Criminal Justice Act 2003

146 Increase in sentences for aggravation related to disability[F1 , sexual orientation or transgender identity] E+W

(1) This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2).

(2) Those circumstances are—

(a) that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—

(i) the sexual orientation (or presumed sexual orientation) of the victim, F2 ...

(ii) a disability (or presumed disability) of the victim, or

[F3 (iii) the victim being (or being presumed to be) transgender, or]

(b) that the offence is motivated (wholly or partly)—

(i) by hostility towards persons who are of a particular sexual orientation, F4 ...

(ii) by hostility towards persons who have a disability or a particular disability[F5 , or

(iii) by hostility towards persons who are transgender.]

(3) The court—

(a) must treat the fact that the offence was committed in any of those circumstances as an aggravating factor, and

(b) must state in open court that the offence was committed in such circumstances.

(4) It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph.

(5) In this section “disability” means any physical or mental impairment.

[F6 (6) In this section references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.]

Textual Amendments

F1 Words in s. 146 heading substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(3), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F2 Word in s. 146(2)(a)(i) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(4)(a), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F3 S. 146(2)(a)(iii) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(4)(b), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F4 Word in s. 146(2)(b)(i) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(5)(a), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F5 S. 146(2)(b)(iii) and preceding word inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(5)(b), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

F6 S. 146(6) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 65(6), 151(1); S.I. 2012/2906, art. 2(a) (with art. 3)

Commencement Information

I1 S. 146 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 7 (subject to art. 2(2), Sch. 2)