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If there is a legal provision on racist motivation as an aggravating factor, how often is it applied? What kind of sanctions/penalties are issued?

Key Area:
Anti-racist Crime Legislation & Implementation
28/02/2012 - 17:25
Short Answer

The short answer to this is no. Minister of Justice Alan answered a question on the subject in parliamentary questions; he stated that “where criminal offences such as assault, criminal damage, or public order offences, are committed with a racist motive they are prosecuted as generic offences through the wider criminal law. The trial judge can take aggravating factors, including racial motivation, into account at sentencing.”

Qualitative Info

Shatter added “in all the circumstances, I have no plans, at present, for new or amended legislation to deal with incitement to hatred or racially motivated crime.”


Groups affected/interested Migrants, Refugees, Roma & Travelers, Muslims, Ethnic minorities, Religious minorities, Linguistic minorities, Majority, Asylum seekers, Lesbian, Gay, Bisexual and Transgender, Persons with disability, Africans/black people, National minorities
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism, Islamophobia, Afrophobia, Arabophobia, Anti-roma/zinghanophobia, Religious intolerance, Inter-ethnic, Intra-ethnic, Nationalism, Homophobia, On grounds of disability, On grounds of other belief, Anti-roma/ romaphobia, Xenophobia
Key socio-economic / Institutional Areas Policing - law enforcement, Employment - labour market, Housing, Health and social protection, Education, Political discourse -parties - orgs, Political participation, Anti-discrimination, Anti-racism, Integration - social cohesion, Daily life, Religion
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