Criminal Justice Act (2003, amended 2012) (excerpts)

Section 146 Criminal Justice Act, as amended by Section 65 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 

(Section 65 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 amends section 146 Criminal Justice Act 2003 to include 'transgender' identity).

UNITED KINGDOM CRIMINAL JUSTICE ACT (2003)

 

145 Increase in sentences for racial or religious aggravation

(1)This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the Crime and Disorder Act 1998 (c. 37) (racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc).

 

(2)If the offence was racially or religiously aggravated, the court- 

(a)must treat that fact as an aggravating factor, and 

(b)must state in open court that the offence was so aggravated.

 

(3)Section 28 of the Crime and Disorder Act 1998 (meaning of "racially or religiously aggravated") applies for the purposes of this section as it applies for the purposes of sections 29 to 32 of that Act.

 

146 Increase in sentences for aggravation related to disability or sexual orientation 

(1)This section applies where the court is considering the seriousness of an offence committed in any of the circumstances mentioned in subsection (2). 

(2)Those circumstances are- 

(a)that, at the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on- 

(i)the sexual orientation or transgender identity (or presumed sexual orientation) of the victim, 

(ii)a disability (or presumed disability) of the victim, or 

(iii)the victim being (or being presumed to be) transgender, or 

(b)that the offence is motivated (wholly or partly), or 

(i)by hostility towards persons who are of a particular sexual orientation, or 

(ii)by hostility towards persons who have a disability or a particular disability

by hostility towards persons who are transgender

(3)The court- 

(a)must treat the fact that the offence was committed in any of those circumstances as an aggravating factor, and 

(b)must state in open court that the offence was committed in such circumstances. 

(4)It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) whether or not the offender's hostility is also based, to any extent, on any other factor not mentioned in that paragraph. 

(5)In this section "disability" means any physical or mental impairment.

(6)In this section references to being transgender include references to being transsexual, or undergoing, proposing to undergo or having undergone a process or part of a process of gender reassignment.