Tag Archives: racially aggravated

News

What is a racially aggravated offence?

In recent years legislation has been enacted to ensure that crimes demonstrating a hostility towards certain groups of people are treated more seriously than before.  If an offence is said to be racially aggravated, then you should expect a more significant sentence if convicted.

What does it mean for an offence to be racially aggravated?

An offence is racially aggravated if, at the time of the offence, you demonstrate toward the victim hostility based on his membership of a racial group or the offence is motivated by that hostility.

So, shouting racist abuse or making racist comments will make an offence racially aggravated.  An offence will also be deemed racially aggravated where no comments are made but the offence is committed against someone because of their race.

Offences as a result of hostility toward a religious group, rather than due to race, are treated in the same way.

The fact that the victim may be indifferent to any abuse is irrelevant to whether the offence is racially aggravated.

It is also irrelevant if the reason for the offence was unrelated to race. For example, abusing a doorman because he wouldn’t let your friend into a club in combination with racist language will be sufficient.

How does it affect sentencing?

Each offence in law has a maximum sentence attached to it.  For offences that are racially aggravated that maximum sentence is increased. For example, common assault carries six months imprisonment but the racially aggravated offence increases the maximum sentence to 2 years.  For assault occasioning actual bodily harm the maximum sentence increases from 5 to 7 years.

The starting point is to consider the sentence that would have been imposed for the offence if it was not racially aggravated after consideration of all the other aggravating or mitigating factors in the case.

The sentence will then be increased to take account of the racial aggravation.

The extent of the increase in sentence will depend on the level of aggravation. The court will consider whether the offence was:

  • planned
  • part of a pattern of offending
  • deliberately set up to be humiliating to the victim
  • committed in the victim’s home
  • repeated or prolonged

Account will also be taken of any distress caused to other persons or the wider community and whether the offender was a member of a group that promotes hostility.

Does it have to be charged as being racially aggravated?

 Even if the offence isn’t specifically charged as being racially aggravated the circumstances can be treated as an aggravating feature in sentencing (O’Leary [2015] EWCA Crim 1306).

How can a criminal law specialist help?

As you can see such offending is treated seriously by the courts so it will be important that you seek early advice from a criminal law solicitor.

As a result, if you are arrested or know that the police wish to speak to you about an offence then make sure you insist on your right to free and independent legal advice.

The advantages of such early advice legal advice can be found here.

If you have already been interviewed or face court proceedings we can still make a real difference to the outcome of your case.  Legal aid may well be available to fund your defence at court.

We have offices across the East Midlands.  You can find your most convenient office here.   Alternatively you can contact us using the form below.

racially aggravated
VHS Fletchers offices across the East Midlands

Contact

News

Free Legal Aid takes Nottingham Solicitor to Bromley Magistrates

Nottingham criminal solicitor Alex Chapman recently demonstrated that VHS Fletchers are prepared to travel under free legal aid in Magistrates’ Court cases.  This is because we want to ensure you receive continuity of legal representation in your case.

Alex recently travelled to Bromley Magistrates’ Court to represent a client from Nottingham because he was charged with three allegations of assault.  One of them was racially aggravated.

Our client had never appeared before a court before and was understandably concerned about the outcome of his case.  Despite his character, there was a real risk that he would receive a custodial sentence, particularly due to one of the charges being racially aggravated.

Alex’s client had been in London because he had to resolve an issue with his passport.  He had, however, missed his coach home and had unwisely had a drink to pass the time.  Our client ended up in an argument with his partner and then an altercation with shop staff and a member of the public.

He was extremely apologetic for his actions so had not disputed the alleged conduct . Our client knew that he had lost his good character and that this could have a major impact on his future but he was realistic in his expectation of a prison sentence.

Alex saw that his client was particularly concerned that he receive continuity of representation.  It is perhaps always important that a client has the benefit of the same lawyer throughout the lifetime of his case. Although he was legally aided, Alex was able to commit to travelling to Bromley.

In the event the case was able to be concluded at a single hearing because we had full instructions. Guilty pleas were entered and then Alex offered mitigation on his client’s behalf.  A brief probation assessment was carried out so his client was sentenced.  Rather than a custodial sentence he received a community order.

Availability of Free Legal Aid for Criminal Cases

We will always assess whether you are entitled to free legal aid for Magistrates’ Court hearings.  In this case the funding allowed us to provide free representation to our client some distance away.

Contact one of our criminal defence solicitors

We have several offices across the East Midlands, however we can provide nationwide advice and representation in police stations and at the Magistrates’ and Crown Court.  Find your nearest office here or use the contact form below in order to instruct us.

Contact

News

Racially Aggravated Assault – not guilty verdict after two day trial

racially aggravated assault trial solicitor Nick Wright
Derby criminal defence solicitor Nick Wright

Derby criminal solicitor Nick Wright recently dealt with a client before Derby Magistrates’ Court.  She faced an allegation of racially aggravated assault. Following a two day trial she was found not guilty.

Nick initially dealt with his client as duty solicitor.  Having met him, he applied for legal aid and she chose to continue to instruct him at trial.

A strong prosecution case

The prosecution case was apparently strong .  Four prosecution witnesses were called, each of them maintaining that Nick’s client was guilty of the offence.

All of the witnesses said that Nick’s client grabbed the complainant’s clothing, punched him and made reference to his nationality.  A claim was made that he’d been bullying our client’s daughter.

Racially aggravated assault allegation fabricated

Our client claimed that the allegation of assault was made up. The complainant had been bullying the son, and this allegation was part of that.  No racist language was used.

Fortunately, Nick was able to call his client’s teenage son and another person present to back up this account.  Owing to the son’s age, Nick successfully applied for Special Measures so that he could give evidence from behind a screen.

Although she provided helpful information, the other witness was reluctant to attend.  As it was crucial that all relevant and helpful evidence be before the court, Nick applied for a witness summons that compelled the witness to attend court.

Such active preparation by your criminal defence lawyer is crucial if you wish your best case to be before the Magistrates.

Contact a Derby Criminal Solicitor

If you are being investigated by the police or face court proceedings then please contact Derby criminal defence lawyer Nick Wright on 01332 546818 or email him here.  If you face proceedings elsewhere then you can find your local office here.