In R v Rogers the House of Lords held that using the words "bloody foreigners" and "get back to your own country" could transform the offence of using abusive words and behaviour with intent to cause fear or provoke violence, into the racially aggravated form of that offence, contrary to section 31(1)(a) of the Crime and Disorder Act 1998. It held that those who are not of British origin constitute a racial group within section 28(4) of the Crime and Disorder Act 1998, as do "foreigners". Whether the evidence in any particular case, taken as a whole, proves that the offender's conduct demonstrated hostility to a racial group, or was motivated by such hostility, is a question of fact for the fact-finding court or tribunal.