Criminal Justice (Sentencing etc) Bill

PART 6

PARTICULAR PERSONS OR GROUPS

Aggravation by hostility

Aggravation by hostility

33.—(1) It may be specified as an allegation alongside a charge of an offence against a person (“A”) that the offence is aggravated by—

(a) racial hostility,

(b) religious hostility,

(c) hostility related to sexual orientation, or

(d) hostility related to disability.

(2) An offence committed by A is aggravated by hostility of one of the kinds mentioned in subsection (1) if—

(a) at the time of committing the offence, or immediately before or after doing so, A demonstrates towards the victim of the offence hostility based on the victim's membership (or presumed membership) of—

(i) a racial group,

(ii) a religious group,

(iii) a sexual orientation group, or

(iv) a disability group; or

(b) the offence is motivated, wholly or partly, by hostility towards members of a group referred to in paragraph (a) based on their membership of that group.

(3) For the purposes of subsection (2)(a) or (b), it is immaterial whether or not A's hostility is also based, to any extent, on any other factor not mentioned in that subsection.

(4) In this section—

“disability group” means a group of persons defined by reference to any physical or mental impairment;

“membership”, in relation to a group, includes association with members of that group;

“presumed” means presumed by A;

“racial group” has the meaning given by Article 5 of the Race Relations (Northern Ireland) Order 1997;

“religious group” means a group of persons defined by reference to religious belief or lack of religious belief;

“sexual orientation group” means a group of persons defined by reference to sexual orientation. 

Consequences of aggravation by hostility

34.—(1) Subsection (2) applies where—

(a) an allegation of aggravation is specified as mentioned in section 33(1), and

(b) the aggravation as well as the charge is proved.

(2) The court must— (a) state on conviction—

(i) that the offence is aggravated by hostility, and

(ii) the court’s reasons for deciding that the offence is so aggravated (by reference to one or more of the kinds of hostility mentioned in section 33(1)),

(b) record the conviction in a way that shows the matters referred to in paragraph (a)(i) and (ii),

(c) in determining the appropriate sentence, treat the fact that the offence is so aggravated as a factor that increases the seriousness of the offence, and

(d) in imposing sentence, explain how the fact that the offence is so aggravated affects the sentence imposed.

(3) However, if—

(a) the charge is proved, but

(b) the aggravation is not proved,

the offender's conviction is as if there were no reference to the aggravation alongside the charge.

Power to add further kinds of hostility

35.—(1) The Department may by regulations amend section 33 so as to—

(a) add further kinds of hostility by which an offence may be aggravated;

(b) specify the circumstances in which an offence is aggravated by hostility of a kind added;

(c) specify one or more offences in respect of which an allegation that the offence is aggravated by hostility of the kind added may not be made under section 33(1).

(2) The regulations may add a kind of hostility only if the hostility relates to a group or a characteristic.

(3) Regulations under subsection (1) may include—

(a) such supplementary, incidental or consequential provision;

(b) such transitory, transitional or saving provision, as the Department considers necessary or expedient in connection with the provision made by those regulations

(4) Provision made under subsection (3) may amend, repeal, revoke or otherwise modify any statutory provision (including this Act).

(5) Regulations under subsection (1) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.