Commentary First Group of Parts – Discipline Part 9 – Sentencing: Principles and Procedures Section 241: Increase in sentence for aggravation related to disability or sexual orientation
481.This section requires a court or CO to treat as an aggravating factor the fact that the offender demonstrated hostility based on the victim’s sexual orientation or disability, or that the offence was motivated by hostility towards persons of a particular sexual orientation or persons with a disability, and to state in open court (or, at a summary hearing, in the offender’s presence) that this is the case. The section reflects section 146 of the 2003 Act.