41 CAP. 224 Penal Code 2008 Ed. punishment provided under subsection (1) in respect of those offences. [51/2007] (4) For the purposes of this section, an offence is racially or religiously aggravated if — (a) at the time of committing the offence, or immediately before or after committing such offence, the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group; or (b) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group. [51/2007] (5) It is immaterial for the purposes of paragraph (a) or (b) of subsection (4) whether or not the offender’s hostility is also based, to any extent, on any other factor not mentioned in that paragraph. [51/2007] (6) In this section — “membership”, in relation to a racial or religious group, includes association with members of that group; “presumed” means presumed by the offender. [51/2007] [UK CDA 1998, s. 28(1) to (3)] Punishment of persons convicted, after a previous conviction, of an offence punishable with 3 years’ imprisonment 75. Whoever, having been convicted of an offence punishable under Chapter XII or Chapter XVII with imprisonment for a term of 3 years or upwards, is guilty of any offence punishable under either of those Chapters with imprisonment for a term of 3 years or upwards, shall be subject for every such subsequent offence to imprisonment for life, or to double the amount of punishment to which he would otherwise have been liable for the same; but if he is not sentenced to Informal Consolidation – version in force from 1/4/2015