Racially or religiously aggravated assault

s.29Crime and Disorder Act 1998

Committing malicious wounding or GBH, ABH, strangulation or common assault where the offence is racially or religiously aggravated.

Racially or religiously aggravated assault · Crime and Disorder Act 1998, s.29Card 38 / 85

Points to prove

Committed a basic offence – s.20 or s.47 Offences Against the Person Act 1861, s.75A Serious Crime Act 2015, or common assault
Which was racially or religiously aggravated (s.28), either because:
(a) at the time of the offence, or immediately before or after it, the offender demonstrated towards the victim hostility based on the victim's membership (or presumed membership) of a racial or religious group; or
(b) the offence was motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group

Racial group – s.28(4): a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.
Religious group – s.28(5): a group of persons defined by reference to religious belief or lack of religious belief.
Membership – s.28(2): includes association with members of that group.
Presumed – s.28(2): presumed by the offender. The victim does not have to actually belong to the group.
Basic offence – the mental element is that of the underlying offence (for example, intention or recklessness as to the force used for common assault).

Hostility can be based partly on other factors. That does not matter (s.28(3)).
Under limb (a) the prosecution does not need to prove motive. Demonstrating the hostility at, or just before or after, the offence is enough.
In R v Rogers (2007) the House of Lords held that “foreigners” can be a racial group, because it is defined by reference to nationality.
The Crime and Policing Act 2026, s.145 will replace s.28 so that these offences also cover hostility related to disability, sexual orientation, transgender identity and (for some offences) sex. As at 2 November 2026 that change is not yet in force.

Legislation: Crime and Disorder Act 1998, s.29 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 7 years (aggravated s.20, s.47 or strangulation); 2 years (aggravated common assault) – on indictment. 12 months' imprisonment and/or a fine summarily