Crime and Disorder Act 1998, s 32(1)

Racially or religiously aggravated harassment/stalking

The statutory wording, points to prove, defences and penalty — verified against legislation.gov.uk (current revised versions, July 2026).

What the law says

A person is guilty of an offence under this section if he commits—(a) an offence under section 2 or 2A of the Protection from Harassment Act 1997 (offences of harassment and stalking); or (b) an offence under section 4 or 4A of that Act (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress), which is racially or religiously aggravated for the purposes of this section.

CJS codes
Official CJS offence index (March 2026)
—Charged under the specific underlying offence code.

Points to prove

  • 1. committed an offence
  • 2. under s 2, s 2A, s 4, or s 4A of the Protection from Harassment Act 1997
  • 3. such offence was racially/religiously aggravated

Defences

  • No specific standalone defence was extracted from the source text; consider any applicable statutory defence, reasonable excuse, lawful authority, self-defence, necessity, consent, identification challenge, or other common-law defence on the facts.

Mode of trial & maximum penalty

Either way — Summary: s 32(1)(a): 6/12 months' imprisonment and/or a fine; s 32(1)(b): 6/12 months' imprisonment and/or a fine; Indictment: s 32(1)(a): 2 years' imprisonment and/or a fine; s 32(1)(b): 14 years' imprisonment and/or a fine

Reference only — verify against current legislation and force policy before charge. Spotted an error? Tell us.

Sources

  • Verified dataset — legislation.gov.uk (current revised versions)

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