Practice and Procedure

R (on the application of DIRECTOR OF PUBLIC PROSECUTIONS) v AARON DYKES (2008)

PUBLISHED October 21, 2008

[2008] EWHC 2775 (Admin)

In deciding whether an offence under the Crime and Disorder Act 1998 s.31(1)(c) was racially aggravated within the terms of s.28 of that Act, magistrates should focus on whether the words complained of had been said, whether they were in fact words which demonstrated racial hostility, and whether either s.28(1)(a) or s.28(1)(b) of the Act was engaged.

QBD (Admin) (Calvert-Smith J)