section 29(1)(b) and (2), Crime and Disorder Act 1998

Racially / religiously aggravated assault occasioning actual bodily harm

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

What the law says

Racially / religiously aggravated assault occasioning actual bodily harm — topic/offence reference under Contrary to section 29(1)(b) and (2) of the Crime and Disorder Act 1998..

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

Points to prove

  • 1. 1. The defendant assaulted the victim — intentionally or recklessly applied unlawful force to the victim, or intentionally or recklessly caused the victim to apprehend immediate unlawful violence
  • 2. 2. The assault occasioned (caused) actual bodily harm to the victim — hurt or injury interfering with health or comfort which is more than merely transient or trifling; no intent or foresight of harm need be proved (R v Savage; DPP v Parmenter)
  • 3. 3. At the time of committing the offence, or immediately before or after doing so, the defendant demonstrated towards the victim hostility based on the victim's membership (or presumed membership) of a racial or religious group, OR the offence was motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group (s 28(1) CDA 1998)

Defences

  • General defence — self-defence / defence of another (common law, and s 76 Criminal Justice and Immigration Act 2008): reasonable force used in lawful defence

Mode of trial & maximum penalty

Either way — Summary: 6 months' imprisonment and/or a fine; Indictment: 7 years' imprisonment and/or a fine

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

Sources

This card, offline, in two taps

Section puts 1,200+ offences with verified points to prove, penalties and CJS codes in your pocket — built for on-shift lookup, free.

Join the waitlist