Hate Crime Flashcards
Define Hate Crime
Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person’s:
-Race or perceived race
-Religion or perceived religion
-Sexual orientation or perceived sexual orientation
-Disability or perceived disability
-Who is transgender or perceived to be transgender
Define Hate Incident
A non-crime which is perceived by the victim or any other person to be motivated by hostility or prejudice, based on a person’s:
-Race or perceived race
-Religion or perceived religion
-Sexual orientation or perceived sexual orientation.
-Disability or perceived disability
-Who is transgender or perceived to be transgender
Where to report hate crime?
True Vision
https://www.report-it.org.uk
WACTS - S.29 Crime & Disorder Act 1988
Wounding, Assault, Criminal damage, Threatening/abusive behaviour, stalking and harassment can all be aggravated offences and increased sentencing (racially or religiously)
S.66 Sentencing Act 2020
Enhancing Sentencing for Hate Crimes
duty on courts to increase sentence for any offence where the offence is aggravated by hostility related to victim’s
-Race
-Religion
-Disability
-Sexual orientation
-Transgender identity
Time frame for S.66 Sentencing Act 2020
At the time of the offence, or immediately before or after the offender demonstrated hostility based on the actual or presumed membership of a group (other flashcard)
or offence was motivated wholly or partly by hostility towards group (other flashcard)
S.18(1) Public Order Act 1986
Inciting Racial Hatred
A person who uses threatening abusive or insulting words or behaviour or displays any written material which is threatening, abusive or insulting, is guilty of an offence if -
(a) he intends thereby to stir up racial hatred, or
(b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.
S.29B(1) Public Order Act 1986
Inciting Religious or Homophobic Hatred
A person who uses threatening words or behaivour, or displays any written material which is threatening, is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.
Define Hostility
Ill-will/Ill-feelings
Spite
Contempt
Dislike
Prejudice
Unfriendliness
Antagonism
Resentment
Evidence of Hostility
Language
Provocation to cause offence
False accusations
Targeting items
Targeting mobility aids
Targeting places of congregation
Graffiti
Sustained/excessive violence
Cruelty, humiliation, degrading
Repeat incidents/offending
Opportunistic
How to investigate hate crime?
Research victim
Ask others who know victim
Keep an open mind
Asking probing and pertinent questions to identify hate
Research suspect
Have they done this before?
Did the offence differ/match?
Actions/words/bad character
NCHI Recording
Non-Crime Hate Incident - can only be recorded if:
-Perceived by reporting person to be motivated by hostility/prejudice
-Person’s perception is assessed to be reasonable (not irrational, trivial or malicious)
-Incident meets threshold set out in national standard for incident recording (NSIR)
NSIR definition of incident
A single distinct event or occurrence that disturbs an individual, group or community’s quality of life or causes them concern.
May need to record personal info.
How does debate come into NSIR?
If common sense indicates an absence of hostility, or may be part of a fair debate rather than motivated by hostility…
NO RECORD should be made
Freedom of Expression
Police must respond to hate speech proportionately in that does not excessively interfere with the speaker’s freedom of speech to achieve policing purpose.