Hate Crime Flashcards
What is law governs hate crime
Crime and disorder act 1998
Section 28 CDA 1998
An offence becomes racially or religiously aggravated if.
A. At the time of committing the offence or immediately before or after doing so the offender demonstrates towards the victim of the offence hostility based on the victims membership or presumed membership of a racial or religious group
B. The offence is motivated wholly or partially by hostility towards members of a r and r group based on their relationship of that group
CORN meaning
Colour
Origin
Race
Nationality
Chap meaning
Criminal damage
Harassment
Assault
Public order
Hostility and crimes against older people points to prove
65 or older
Any offence perceived by victim
Committed by reason of victims vulnerability thru age or presumed age
5 monitored strands of hate crime
Disability
Race
Religion
Sexual orientation
Transgender
What is needed for something to become hate crime
Criminal offence
S29 (1) CDA 1998
wounding or inflicting bodily harm
Assaul occasioning abh
Common assault
S30(1) CDA 1998 criminal damage
Any breach of Section 1(1) criminal damage
S31(1) CDA 1998 public order
- Fear or provocation if violence.
4a. Intentional harassment alarms or distress - Harassment alarms distress.
S32(1) CDA 1998 harassment
The offences are r and r aggravated forms of basic offences under PFHA 1997
Sections 2, 2a, 4, 4a
Section 17 public order act 1986 inciting racial hatred
These offences can be commited in public or private by the effects of the actions and behaviours
S18 public order act 1986
Any person using threatening abusive insulting words or behaviour or display any material which is threatening abusive or insulting is guilty of an offence if they intend to stir up those your hatred having regard to all circumstances racial hatred is likely to be stirred up
S19 POA 1986 publishing or distributing material
Any person who published or distributes written material which is threatening abusive or insulting is guilty of an offence .
(Same points at s18)
S23(1) possession of material points to prove
Any person
Possessing material
Written material which is
Threatening, abusive or insulting
With a view to it being
Displayed, published or distributed
Including television radio cable
Is guilty