Racially or religiously aggravated public order offences

s.31Crime and Disorder Act 1998

Committing an offence under s.4, s.4A or s.5 of the Public Order Act 1986 where the offence is racially or religiously aggravated.

Racially or religiously aggravated public order offences · Crime and Disorder Act 1998, s.31Card 44 / 85

Points to prove

Committed an offence under s.4 (fear or provocation of violence), s.4A (intentional harassment, alarm or distress) or s.5 (harassment, alarm or distress) of the Public Order Act 1986
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 – s.28(2): presumed by the offender. The victim does not have to actually belong to the group.
Victim (s.5 version) – s.31(7): the person likely to be caused harassment, alarm or distress is treated as the victim.

Defences

The defences in the underlying offence still apply, for example s.4A(3) and s.5(3) Public Order Act 1986 (conduct was reasonable, or inside a dwelling with no reason to believe it would be heard or seen outside).

Good to know

Hostility can be based partly on other factors. That does not matter (s.28(3)).
On a trial on indictment for the s.4 or s.4A version, the jury may convict of the basic offence instead (s.31(6)).
In Mandla v Dowell Lee (1983), a race relations case using the same “ethnic origins” wording, the House of Lords held that Sikhs are an ethnic group.
The Crime and Policing Act 2026, s.145 will extend these offences to hostility related to disability, sexual orientation and transgender identity, and (for the s.4 and s.5 versions) sex. As at 2 November 2026 that change is not yet in force.

Legislation: Crime and Disorder Act 1998, s.31 (opens legislation.gov.uk in a new tab)
Mode of trial: Either way (s.4 and s.4A versions); summary only (s.5 version)
Maximum penalty: 2 years' imprisonment on indictment, or 12 months' imprisonment and/or a fine summarily (s.4 and s.4A versions); level 4 fine, up to £2,500 (s.5 version)