Hate Crime

Question 1

What is the Definition of hate crime?

Answer 1

Any incident/crime that is perceived by the victim, or any other person to be Racist, Homophobic, Transphobic, or due to a persons Reglion, Belief, Gender identity or Disability.

Question 2

S.28 Crime and Disorder act states that a offence becomes Racially or Religiously aggravated if?

Answer 2

A). AT THE TIME of commiting 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 PARTLY) by HOSTILITY towards members of a RACIAL or RELIGIOUS GROUP based on their membership of that group.

Question 3

Define Racial group?

Answer 3

C - Colour
O - Origin
R - Race
N - Nationality

Question 4

What basic offences can be Racially and Religously aggravated?

Answer 4

Criminal Damage Act 1971. 
Section 1 (1) only. 'simple' criminal damage, but not threats or arson.

Harassment.

s. 2 harassment
s. 4 Harassment with fear of violence

Assaults.
Common Assault
Actual Bodily Harm or Wounding
Grievous Bodily Harm

Public order.
S.4 - causing fear or provocation of violence
S.4a - Intentional Harassment, Alarm or Distress
S.5 - Likelyhood of causing Harassment, Alarm or Distress

Question 5

What is the added factor that needs to be present for an offence to be Racially or Religiously aggravated?

Answer 5

Hostility based on race or Religious belief

Question 6

What does a religious group mean?

Answer 6

A group who follow a religious belief

A group who have a lack of a religious belief

Question 7

Does membership include association with members of that group?

Answer 7

Yes.
This would for example, cater for people who are victimised because they have again friends or business contracts, although they are not again themselves.

Question 8

Does Membership, Racial or religious group include Presumption

Answer 8

Yes. The fact that it might be mistaken is irrelevant and still constitutes to an offence

Question 9

What does hostility have to be based on?

Answer 9

Hostility MUST be based on the victims membership or presumed membership of a racial or religious group

Question 10

The application of hostility can be demonstrated in one of two ways. What are these?

Answer 10

At the time of committing the offence, immediately before or immediately after doing so.

The offence is motivated (wholly or partly) by hostility towards members of a racial or religious group. whether or not it is demonstrated at the time.

Question 11

S.146 of the Criminal justice act applies to which offence?

Answer 11

It applies to any offence.

Question 12

What is S.146 of the criminal justice act?

Answer 12

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 sexual orientation (or presumed sexual orientation) of the victim.

A disability (or presumed disability) of the victim.

The victim being (or being presumed to be) transgender,

Question 13

Does S.146 of the Criminal justice act include presumption?

Answer 13

Yes it does. the fact that it might be mistaken is irrelevant.

Question 14

What Three things is S.146 of the Criminal justice act based on?

Answer 14

Sexual orientation.
Disability.
Transgender.