- Sep 18, 2015
- Country Flag
I’m no lawyer either!I'm no lawyer but a bit of googling reveals this:
(1)An offence is [F2racially or religiously aggravated] for the purposes of sections 29 to 32 below if—
(a)at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a [F3racial or religious group]; or
(b)the offence is motivated (wholly or partly) by hostility towards members of a [F3racial or religious group] based on their membership of that group.
I do not think either of these apply to chiefs fans and so are not racially aggravated offenses.
I wasn’t trying to suggest the Chiefs fans had committed any offences.
Was talking more generally on your intent point. I thought that victim / other perception was a consideration, regardless of intent, and it seems to be borne out by the CPS prosecution guidance, at least at the Flagging stage.
But like I say, I’m very definitely not placed to comment on finer points of law.