Hate Crime Flashcards
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:
o Race or perceived race
o Religion or perceived religion
o Sexual orientation or perceived sexual orientated
o Disability or perceived disability
o Who is transgender or perceived to be transgender
Hate incident
Any non-crime incident which is perceived by the victim or any other person to be motivated by hostility or prejudice, based on a person’s:
o Race or perceived race
o Religion
o Sexual orientation
o Disability
o Transgender
True vision
Reporting hate crime
True vision – developed so that you can report hate crimes online. You do not Have to visit a police station to report.
Legislation
Creates a range of racially and religiously aggravated offences for;
Wounding
Assault
Criminal damage
Threatening/abusive behaviour
Stalking and harassment
The maximum sentence for each aggravated offence is higher than for the corresponding basic offence.
Racially or religiously aggravated
At the time, or immediately before or after committing the offence the offender demonstrates towards the victim of the offence, hostility based on the victim’s membership of a racial or religious group.
Or
The offence is motivated by hostility towards members of a racial or religious group based on their membership of that group.
Enhanced sentencing for hate crime
At the time, or immediately before or after committing the offence the offender demonstrates towards the victim of the offence, hostility based on the victim’s membership of a racial or religious group.
Or
The offence is motivated by hostility towards members of a racial or religious group based on their membership of that group.
Section 66 sentencing act 2020
An offence is aggravated by hostility 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 based on the victim’s:
- Membership of a racial group
- Membership of a religious group
- Disability
- Sexual orientation or
- Transgender identity.
OR
(B) The offence was motivated by hostility towards:
- Members of a racial group
- Members of a religious group
- Persons who have a disability
- Sexual orientation
- Transgender
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 he—
(A) He intends thereby to stir up racial hatred
(B) Having regards to all the circumstances racial hatred is likely to be stirred up thereby
Inciting religious or homophobic hatred
A person who uses threatening words or behaviour, 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.
Hostility
There is no statutory definition of hostility and the everyday or dictionary definition is applied, encompassing a broad spectrum of behaviour.
