Disqualification orders

(1) This section applies where—

(a) a person (“the offender”) is convicted of a Schedule 9 offence,
(b) the offender was aged 18 or over when the offence was committed, and
(c) the court is satisfied beyond reasonable doubt that the offence is aggravatedby hostility related to persons falling within any of sections 32 to 34.

(2) The court must, when dealing with the offender for the offence, also make an order(a “disqualification order”) that the offender is disqualified, for the period of 5 yearsbeginning with the date on which the order is made—

(a) for being nominated for election to a relevant elective office, and
(b) for being elected to or holding a relevant elective office.

(3) Subsection (2) does not apply where the court considers that there are particularcircumstances relating to the offence or to the offender which would make it unjustin all the circumstances to make the order; and in such a case the court must state inopen court the reasons for not making the order.
(4) For the purposes of this section an offence is aggravated by hostility related to personsfalling within any of sections 32 to 34 if—

(a) at the time of committing the offence, or immediately before or after doing so,the offender demonstrated towards the victim of the offence hostility basedon the victim being (or being presumed to be) a person falling within any ofsections 32 to 34, or
(b) the offence was motivated (wholly or partly) by hostility towards personsfalling within any of those sections in their capacity as such.

(5) For the purposes of subsection (4) it is immaterial whether or not the offender'shostility is also based, to any extent, on any other factor not mentioned in thatsubsection.
(6) For the purpose of deciding whether to make a disqualification order the court mayconsider evidence led by the prosecution and the defence.
(7) It is immaterial whether evidence led in pursuance of subsection (6) would have beenadmissible in the proceedings in which the offender was convicted.
(8) Where a Schedule 9 offence is found to have been committed—

(a) over a period of 2 or more days, or
(b) at some time during a period of 2 or more days,
it is to be taken for the purposes of subsection (1)(b) to have been committed on thelast of those days.

(9) In this section—

“presumed” means presumed by the offender;
“Schedule 9 offence” means an offence listed in Schedule 9 (and anyreference in that Schedule to an offence includes a reference to that offence committed by aiding, abetting, counselling or procuring the commission ofthat offence).