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Section 146 PDF Print E-mail
In April 2005 section 146 of the Criminal Justice Act 2003 was introduced which  created a “sentencing provision” imposing  a duty upon courts to increase the sentence for any offence where the perpertrator was hostile towards the victim because of the victim’s disability (or assumed disability – whether or not this assumption is correct). 
This means that  when the court is deciding on the sentence to be imposed, it must treat evidence of hostility based on disability as something which makes the offence more serious. 
When will Section 146 Criminal Justice Act 2003 apply? 
Section 146 CJA applies if:
  • At the time of committing the offence or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on a disability or presumed disability of the victim. 
  • For example, an assault upon a disabled person by an offender who, immediately before hitting the victim, makes a derogatory and offensive comment about disabled people.
  • OR The offence was motivated (wholly or partly) by hostility towards persons who have a disability or a particular disability. 
  • For example, assault of the parents of a disabled child there is evidence of hostility towards the disabled child by the offender because of previous remarks they made.
 
You can view the full Criminal Justice Act 2003 here.