Racially aggravated Section 4
Date Updated: January 2012
Title: Public order
Offence: Racially Aggravated Section 4/Section 4A
Legislation: Public Order Act 1986. Section 31 Crime and Disorder Act 1998
Mode of Trial: Either Way
Statutory Limitations & Maximum Penalty: 2 Years
Aggravating and Mitigating Factors
Aggravating factors indicating higher culpability and greater degree of harm
- Planning,
- targeting,
- offence committed in vicinity of victim's home,
- large number of people present,
- actual or potential escalation into violence.
- Excessive persistence,
- deliberate humiliation of victim.
- Use of weapons or substances.
- Interference with employment or business.
Factors indicating lower culpability
- Provocation,
- Short period of offending.
Relevant Sentencing Council Guideline (if any)
None
Relevant sentencing Guidelines (If any)
None
Relevant Sentencing Case Law
In general terms see Section 145 of the Criminal Justice Act 2003 which states that the court must treat the racial or religious aggravation as an aggravating factor and much state as such in open court.
The reported cases indicate that sentencing courts should first determine the appropriate sentence for the offence without the racial element and then determine the appropriate sentence for the racial element. Each part should be publicly identified.
An enhancement within the range of 40 to 70% has been suggested previously by the Sentencing Advisory Panel.
However there are cases where the racial element is so inherent and integral to the offence that it is not possible to sensibly assess the overall criminality in such a discrete way.
In such cases the court must assess the seriousness of the conduct and its criminality as a whole.
See Kelly and Donnelly [2001] 1 Cr. App. R (S) 71
R v O'Brien 2003 2 Cr. App. R (S) 390
R v Fitzgerald 2004 1 Cr. App. R (S) 436
Ancillary Orders:
- Compensation
- Banning orders
- ASBO
