2. Aggravation related to disability, sexual orientation or transgender identity – statutory provisions

Under section 146 of the Criminal Justice Act 2003, the court must treat as an aggravating factor the fact that:

  • an offender demonstrated hostility towards the victim based on his or her disability, sexual orientation or transgender identity (or presumed disability, sexual orientation or transgender identity); or
  • the offence was motivated by hostility towards persons who have a particular disability, who are of a particular sexual orientation or who are transgender.