Part VIIIU.K.Miscellaneous and supplementary

Factors to be taken into account in sentencingE+W

153 Increase in sentences for racial aggravation.E+W

(1)This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the M1Crime and Disorder Act 1998 (racially-aggravated assaults, racially-aggravated criminal damage, racially-aggravated public order offences and racially-aggravated harassment etc.).

(2)If the offence was racially aggravated, the court—

(a)shall treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and

(b)shall state in open court that the offence was so aggravated.

(3)Section 28 of the M2Crime and Disorder Act 1998 (meaning of “racially aggravated”) applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.

Marginal Citations