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Crime Reduction Toolkits

Racist Incidents and Harassment

Crime - Let's bring it down
 
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Physical Assault

Grievous Bodily Harm

Act

S20 Offence Against the Person Act 1861

Points to prove

unlawfully

maliciously

wound/inflict GBH

upon any other person

with or without

weapon/instrument

Penalty

On indictment, 5 year

Power of arrest

Arrestable offence

Racially Aggravated Grievous Bodily Harm

Act

S 29(1) a & (2) Crime & Disorder Act 1998

Points to prove

As above, plus:

that the offence was racially aggravated in accordance with s28 Crime & Disorder Act 1998

Enhanced penalty

On indictment, 7 years

Actual Bodily Harm

Act

S47 Offences Against the Person Act 1861

Points to prove

assault

occasioning

actual bodily harm (includes shock & psychological harm)

Penalty

On indictment, 5 years

Power of arrest

Arrestable offence

Racially Aggravated Actual Bodily Harm

Act

Section 29(1) (b) & (2) Crime & Disorder Act 1998

Points to prove

As above, plus:

that the offence was racially aggravated in accordance with s28 Crime & Disorder Act 1998

Enhanced Penalty

On indictment, 7 years

Common Assault

Act

S39 Criminal Justice Act 1988

Points to prove

unlawfully

assault/beat

other person

Penalty

Summary, six months

Power of arrest

No specific power

Racially Aggravated Common Assault

Act

S29(1)c & (3) Crime & Disorder Act 1998

Points to prove

As above, plus:

That the offence was racially aggravated in accordance with s28 Crime & Disorder Act 1998

Enhanced Penalty

On indictment, 2 years

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