CRIMINAL JUSTICE ACT 2003
• s.145 Criminal Justice Act 2003: this section allows for an increase in a sentence
where an offence is committed with racial or religious aggravation but is not one listed
under sections 29 to 32 of the Crime and Disorder Act 1998
• s.146 Criminal Justice Act 2003: this section allows for an increase in a sentence
where an offence is committed with aggravation related to disability, sexual orientation
or transgender identity
HOW DO THE CDA 1998 AND CJA 2003 DIFFER?
• Under the CDA 1998, a judge has a higher maximum sentence open to them if the
offence is aggravated – the CJA 2003 only allows the judge to increase the sentence
up to the maximum for the offence in question
• Under the CDA 1998, the aggravation is part of the offence – the jury has to consider
it during their deliberations over D’s guilt. Under the CJA 2003, the hostility element
Is only determined and taken account of by a judge at the sentencing stage
• The CDA 1998 only applies only to certain offences; the CJA 2003 can apply to all
offences
• If D is convicted of a racially or religiously aggravated offence under the CDA 1998,
that will appear on their criminal record; it won’t if they’re given a higher sentence
under the CJA 2003.
• s.145 Criminal Justice Act 2003: this section allows for an increase in a sentence
where an offence is committed with racial or religious aggravation but is not one listed
under sections 29 to 32 of the Crime and Disorder Act 1998
• s.146 Criminal Justice Act 2003: this section allows for an increase in a sentence
where an offence is committed with aggravation related to disability, sexual orientation
or transgender identity
HOW DO THE CDA 1998 AND CJA 2003 DIFFER?
• Under the CDA 1998, a judge has a higher maximum sentence open to them if the
offence is aggravated – the CJA 2003 only allows the judge to increase the sentence
up to the maximum for the offence in question
• Under the CDA 1998, the aggravation is part of the offence – the jury has to consider
it during their deliberations over D’s guilt. Under the CJA 2003, the hostility element
Is only determined and taken account of by a judge at the sentencing stage
• The CDA 1998 only applies only to certain offences; the CJA 2003 can apply to all
offences
• If D is convicted of a racially or religiously aggravated offence under the CDA 1998,
that will appear on their criminal record; it won’t if they’re given a higher sentence
under the CJA 2003.
