Part VIIIU.K.Miscellaneous and supplementary

Factors to be taken into account in sentencingE+W

153 Increase in sentences for [F1racial or religious 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 ([F2racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc).]

(2)If the offence was [F3racially or religiously 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 [F3racially or religiously aggravated]) applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.

Textual Amendments

F1S. 153: words in sidenote substituted (14.12.2001) by 2001 c. 24, s. 39(7)(a) (with s. 42)

F2Words in s. 153(1) substituted (14.12.2001) by 2001 c. 24, s. 39(7)(b) (with s. 42)

F3Words in s. 153(2)(3) substituted (14.12.2001) by 2001 c. 24, s. 39(7)(c) (with s. 42)

Marginal Citations