Where the prosecution had not proceeded under Crime and Disorder Act 1998 s.28(1)(a) it could rely upon evidence of racial motivation in relation to incidents outside the dates of the offences. It was unnecessary to make a finding of racial motivation in respect of every single incident where consistent membership of a racially motivated group amounted to more than mere presence on each occasion. The court could not under Powers of Criminal Courts (Sentencing) Act 2000 s.153 increase a sentence on the basis of racial motivation in circumstances where the racial elements of the original charges had been withdrawn prior to trial.
ADHERENCE TO GROUP ASSOCIATED INDIVIDUAL MEMBER WITH GROUP’S RACIAL HOSTILITY
 EWHC 183 (Admin) January 28, 2004