Criminal law

Racially aggravated offences

The act introduces a range of racially-aggravated offences that correspond to existing types of violent crime and harassment, but which carry higher penalties.

The offences and maximum penalties involved are:

Racially-aggravated assault:

• malicious wounding/grievous bodily harm - 2 years imprisonment and fine
• actual bodily harm - 7 years imprisonment and fine
• common assault - 2 years imprisonment and fine

Racially-aggravated public order:

• fear or provocation of violence - 2 years imprisonment and fine
• intentional harassment, alarm or distress - 2 years imprisonment and fine
• harassment, alarm or distress - level 4 fine

Racially-aggravated harassment:

• harassment - 2 years imprisonment and fine
• putting people in fear of violence - 7 years imprisonment and fine

The act also introduces the new offence of racially-motivated criminal damage for which the maximum penalty is 14 years imprisonment and fine.

An offence is racially-aggravated if the offender is motivated by or demonstrates hostility towards the victims racial group, a term defined to include race, colour, nationality or ethnic origin. If a racial element to an offence is unproven,  the courts may still convict on the basic offence.

Presumption of doli incapax

The presumption that a child under age 14 is incapable of committing an offence is abolished.

[Back to top]