Attorney General's Reference No 4 of 2004 (D) Under Section 36 of the Criminal Justice Act 1972

Attorney General's Reference No 4 of 2004 (D) Under Section 36 of the Criminal Justice Act 1972

The use of the word 'immigrant' in the context of an alleged racially aggravated offence is capable, as a matter of law, of demonstrating hostility based on the victim’s membership or presumed membership of a 'racial group' as defined by section 28(4) of the Crime and Disorder Act 1998. The trial judge erred in ruling otherwise; the issue should have been left to the jury to determine on the facts.

Parties
Applicant: Attorney General; Respondent: Mrs D; Intervener: Commission for Racial Equality
Jurisdiction
England and Wales
Judgment Date
22 April 2005
Procedural Posture
Criminal Reference / Court of Appeal on Reference From Crown Court After Acquittal at Close of Prosecution Case
Outcome
Reference answered in the affirmative; trial judge's ruling incorrect as a matter of law.
Legal Topics
Racially Aggravated Offences, Interpretation of 'racial Group', Crime and Disorder Act 1998, Hostility Based on Race or Nationality
Criminal Law Anti Discrimination Law Racially Aggravated Offences Interpretation of 'racial Group' Crime and Disorder Act 1998 Hostility Based on Race or Nationality

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Attorney General

Applicant

Mrs D

Respondent

Commission for Racial Equality

Intervener

Procedural Posture

Criminal Reference / Court of Appeal on Reference From Crown Court After Acquittal at Close of Prosecution Case

Legal Issues

  1. 1 Whether the use of the word 'immigrant' to a victim is capable of demonstrating hostility based on the victim’s membership or presumed membership of a 'racial group' as defined by Section 28(4) of the Crime and Disorder Act 1998.

Ratio Decidendi

The use of the word 'immigrant' in the context of an alleged racially aggravated offence is capable, as a matter of law, of demonstrating hostility based on the victim’s membership or presumed membership of a 'racial group' as defined by section 28(4) of the Crime and Disorder Act 1998. The trial judge erred in ruling otherwise; the issue should have been left to the jury to determine on the facts.

Court Disposition

Reference answered in the affirmative; trial judge's ruling incorrect as a matter of law.

Orders

  • The use of the word 'immigrant' is capable of demonstrating hostility based on membership of a racial group under section 28(4) of the Crime and Disorder Act 1998.
  • The matter should have been left to the jury.