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Racially or religiously aggravated criminal damage

s.30Crime and Disorder Act 1998

Committing simple criminal damage where the offence is racially or religiously aggravated.

Racially or religiously aggravated criminal damage · Crime and Disorder Act 1998, s.30Card 24 / 195

Points to prove

Committed criminal damage under s.1(1) Criminal Damage Act 1971 – without lawful excuse, destroyed or damaged property belonging to another, intending to or being reckless as to whether it would be destroyed or damaged
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 owner of the property hostility based on the owner'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

Key definitions

Victim – s.30(3): for limb (a), the person to whom the property belongs (or who is treated as owning it under the Criminal Damage Act 1971) is treated as the victim.
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 means presumed by the offender.

Defences

Lawful excuse – the defences in s.5 Criminal Damage Act 1971 apply to the basic offence, such as an honest belief that the owner would have consented.

Good to know

The low-value rule for criminal damage (£5,000 or less tried summarily) does not apply. This offence is always triable either way, whatever the value.
Only the basic offence under s.1(1) can be aggravated under s.30. Damage endangering life (s.1(2)) has no aggravated version.
Racist graffiti on a home, place of worship or car is a typical example.
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 sex. As at 2 November 2026 that change is not yet in force.

Legislation: Crime and Disorder Act 1998, s.30 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 14 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)
Last checked: 2 November 2026, against the current law on legislation.gov.uk

Racially or religiously aggravated criminal damage: questions people ask

What are the points to prove for racially or religiously aggravated criminal damage?

1. Committed criminal damage under s.1(1) Criminal Damage Act 1971 – without lawful excuse, destroyed or damaged property belonging to another, intending to or being reckless as to whether it would be destroyed or damaged 2. Which was racially or religiously aggravated (s.28), either because: 3. (a) at the time of the offence, or immediately before or after it, the offender demonstrated towards the owner of the property hostility based on the owner's membership (or presumed membership) of a racial or religious group; or 4. (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

What is the maximum sentence for racially or religiously aggravated criminal damage?

14 years' imprisonment and/or a fine (on indictment); 12 months' imprisonment and/or a fine (summarily)

Is racially or religiously aggravated criminal damage a summary, either-way or indictable offence?

Racially or religiously aggravated criminal damage is an either-way offence: it can be tried in the magistrates’ court or the Crown Court.

What Act and section is racially or religiously aggravated criminal damage?

Racially or religiously aggravated criminal damage is an offence under the Crime and Disorder Act 1998, s.30.

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