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Racially or religiously aggravated harassment

s.32Crime and Disorder Act 1998

Committing harassment, stalking, or putting people in fear of violence where the offence is racially or religiously aggravated.

Racially or religiously aggravated harassment · Crime and Disorder Act 1998, s.32Card 153 / 195

Points to prove

Committed a basic offence under the Protection from Harassment Act 1997: s.2 (harassment), s.2A (stalking), s.4 (putting people in fear of violence) or s.4A (stalking involving fear of violence or serious alarm or distress)
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

Key definitions

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.
Course of conduct – the basic offence still needs a course of conduct, involving conduct on at least 2 occasions (Protection from Harassment Act 1997, s.7(3)).

Defences

The defences to the basic offence apply, such as the course of conduct being pursued to prevent or detect crime, or being reasonable in the circumstances (Protection from Harassment Act 1997, s.1(3) for harassment, s.4(3) for fear of violence and s.4A(4) for stalking involving fear of violence or serious alarm or distress).

Good to know

Hostility can be based partly on other factors. That does not matter (s.28(3)).
On a trial on indictment, a jury that acquits of the s.2 or s.2A version may convict of the basic offence (s.32(5)). One that acquits of the s.4 or s.4A version may convict of the aggravated s.2 or s.2A offence (s.32(6)).
On conviction or acquittal, the court can make a restraining order to protect the victim.
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.32 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way
Maximum penalty: 14 years' imprisonment and/or a fine for aggravated s.4 or s.4A, 2 years' imprisonment and/or a fine for aggravated s.2 or s.2A (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 harassment: questions people ask

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

1. Committed a basic offence under the Protection from Harassment Act 1997: s.2 (harassment), s.2A (stalking), s.4 (putting people in fear of violence) or s.4A (stalking involving fear of violence or serious alarm or distress) 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 victim hostility based on the victim'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 harassment?

14 years' imprisonment and/or a fine for aggravated s.4 or s.4A, 2 years' imprisonment and/or a fine for aggravated s.2 or s.2A (on indictment); 12 months' imprisonment and/or a fine (summarily)

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

Racially or religiously aggravated harassment 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 harassment?

Racially or religiously aggravated harassment is an offence under the Crime and Disorder Act 1998, s.32.

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