The Criminal Justice Act (CJA) 2003 (section 146) applies to cases where immediately before or during the offence the offender demonstrated hostility towards the victim based upon sexual orientation or disability, or to cases where the offence is motivated by hostility towards persons who are of a particular sexual orientation or who have a disability. Courts must treat those circumstances as an aggravating factor, and sentencers must state in open court that the offence was so aggravated.
It is the responsibility of the independent Sentencing Guidelines Council to issue guidelines to the courts. The council’s guideline on seriousness draws the courts’ attention to the statutory provision for aggravation in such circumstances.