Racial or religious aggravation meaning

In practice, racial or religious aggravation describes hostility based on race or religion that is shown during an offence or motivates it; if proved, it increases seriousness and penalty. In England and Wales, the concept is defined in statute (Crime and Disorder Act 1998, s28) using two tests: (1) demonstration of hostility based on race or religion (actual or presumed) at the time of the offence, or (2) motivation by such hostility. Certain specified offences have racially or religiously aggravated forms with higher maximum sentences (e.g. assault occasioning actual bodily harm, wounding/GBH, criminal damage, public order and harassment). For other offences, including common assault, hostility is treated as an aggravating factor at sentencing (Criminal Justice Act 2003, s145), with an announced and recorded uplift. Scotland uses statutory aggravations: racial (including the specific offence in s50A of the Criminal Law (Consolidation) (Scotland) Act 1995) and religious (Criminal Justice (Scotland) Act 2003, s74). When libelled and proved, the court must record the aggravation and increase sentence, but the underlying maximum generally remains unchanged. Northern Ireland provides a statutory aggravation by hostility (Criminal Justice (No. 2) (Northern Ireland) Order 2004), requiring the court to state, record and reflect the aggravation in sentence. In Ireland, there...