Part II Criminal law
F5Racially or religiously aggravated offences: England and Wales
I132F1Racially or religiously aggravated harassment etc.
1
A person is guilty of an offence under this section if he commits—
a
b
which is F2racially or religiously aggravated for the purposes of this section.
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3
A person guilty of an offence falling within subsection (1)(a) above shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
4
A person guilty of an offence falling within subsection (1)(b) above shall be liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
b
on conviction on indictment, to imprisonment for a term not exceeding F11 14 years or to a fine, or to both.
5
If, on the trial on indictment of a person charged with an offence falling within subsection (1)(a) above, the jury find him not guilty of the offence charged, they may find him guilty of F10either basic offence mentioned in that provision.
6
If, on the trial on indictment of a person charged with an offence falling within subsection (1)(b) above, the jury find him not guilty of the offence charged, they may find him guilty of an offence falling within subsection (1)(a) above.
7
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Words in the cross-heading substituted (14.12.2001) by 2001 c. 24, ss. 39(2), 127(2) (with s. 42)