2A.—(1) A person shall be guilty of an offence under this section if he or she commits an offence under section 2 which is aggravated by hatred for the purposes of this section.

(2) A person guilty of an offence under this section shall be liable on summary conviction to a class B fine or to imprisonment for a term not exceeding 9 months or to both.

(3) A person charged with an offence under this section may, if the evidence does not warrant conviction for an offence under this section, be found guilty of an offence under section 2.]