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Key Legislation 2 > Hate Crime > Flashcards

Hate Crime Flashcards

1
Q

Hate crime is defined as…

A

ACPO defines a hate crime as: “any hate incident, which constitutes a criminal offence, perceived by the victim or any other person, as being motivated by prejudice or hate.”

With hate crime it is ‘who’ the victim is, or ‘what’ the victim appears to be that motivates the offender to commit the crime.

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2
Q

Victims of hate crimes and incidents may initially chose not to report the incident for fear of reprisals, in the hope that if they say nothing it will stop, or mistrust of the police because the perception is the police will not do anything. This could be the only opportunity to engage with the individual and make a positive impression that will feedback into the community.

Be flexible and tolerant to the needs of the victim to break down barriers, consider if:

A
  • They want to have a discussion in private
  • There are any confidentiality issues (e.g. if they are gay but not ‘out’)
  • They need an interpreter/BSL (British Sign Language), they cannot read or write etc
  • Talk to them at an appropriate level
  • Don’t assume you should be talking to the carer or the person pushing the wheel chair (it can be very offensive!)
  • Ask the victim for their consent to refer them to other agencies and provide them with any relevant hate crime investigation unit phone number and appropriate helpline numbers.
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3
Q

What is a key consideration for the police when identifying a potential hate crime?

A

The victim’s perception- in most forces the policy is to record a crime as a ‘hate crime’ if the victim perceives it as such.

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4
Q

What was created following the enquiry into the death of the black London teenager, Stephen Lawrence?

A

The Criminal Justice Act 2003

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5
Q

In terms of legislation, hate crimes fall into what two main categories?

A
  1. The stirring up offences under The Public Order Act 1986 which addresses behaviour that ‘stirs up’ or incites hatred against a group of people on certain grounds.
  2. ‘Aggravated’ Hate crimes - This is where a crime (such as criminal damage, harassment, assault, public order) can be charged as the ‘aggravated’ version under the Crime and Disorder Act 1998. These carry a heavier sentence on conviction.
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6
Q

An offence, under s 146 of the Criminal Justice Act 2003, is disability, homophobic or transphobic aggravated if:

A

an offender demonstrated hostility towards the victim based on his or her disability, sexual orientation or transgender identity (or presumed disability, sexual orientation or transgender identity); or

the offence was (wholly or partly) motivated by hostility towards persons who have a particular disability, who are of a particular sexual orientation or who are transgender.’

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7
Q

An offence, under s28 of the Crime and Disorder Act 1998, is racially or religiously aggravated if:

A

A) at the time of the offence (or immediately before or after doing so), the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group,

or

B) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership (or presumed membership) of that group.

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8
Q

For a basic offence triable on indictment, a person who is found ‘not guilty’ of the aggravated version of that offence can still be charged with what?

A

The basic offence - this is known as the ‘alternative verdict’ (s 6(3) of the Criminal Law Act 1967.

For summary only basic offences , there is no power for the court to return an alternative verdict; therefore the defendant is more likely to be charged with both the basic and the racially or religiously aggravated offence.

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9
Q

Sentence uplifts for disability, homophobic or transphobic hate crime are available to courts under what legislation?

A

s 146 of the Criminal Justice Act 2003.

This enables the court to increase a sentence for any offence that is aggravated by hostility on the grounds of disability, sexual orientation or transgender identity.

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10
Q

Under s 29(1) of the Crime and Disorder Act 1998, which types of assault as a basic offence can be racially or religiously aggravated?

A
  • Common assault
  • Any offence under s 47 (ABH) of the Offences Against the person Act 1861
  • Any offence under s 20 (GBH) of the Offences Against the person Act 1861
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11
Q

Under s 30(1) of the Crime and Disorder Act 1998, which types of criminal damage as a basic offence can be racially or religiously aggravated?

A

Section 1(1) of the Criminal Damage Act 1971

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12
Q

Under s 32(1)(a) and s 32(1)(b) of the Crime and Disorder Act 1998, which types of harassment as a basic offence can be racially or religiously aggravated?

A
  • Section 2 of the Protection from Harassment Act 1997 (Harassment)
  • Section 4 of the Protection from Harassment Act 1997 (Putting People in Fear of Violence)
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13
Q

Under s 31 of the Crime and Disorder Act 1998, which types of public disorder as a basic offence can be racially or religiously aggravated?

A

Section 4 of the Public Order Act 1986 (fear or provocation of violence.

Section 4A of the Public Order Act 1986 (intentional harassment, alarm or distress).

Section 5 of the Public Order Act 1986 (harassment, alarm or distress),

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14
Q

Sections of the Crime and Disorder Act and their associated basic offences:

A

s 29 Assaults…

  • Common assault
  • s 47 (ABH) of the Offences Against the person Act 1861
  • s 20 (GBH) of the Offences Against the person Act 1861

s 30 Criminal Damage…
- s 1(1) of the Criminal Damage Act 1971

s 31 Public Disorder…

  • s 4 of the Public Order Act 1986 (fear or provocation of violence.
  • s 4A of the Public Order Act 1986 (intentional harassment, alarm or distress).
  • s 5 of the Public Order Act 1986 (harassment, alarm or distress)

s 32 Harassment…

  • s 2 of the Protection from Harassment Act 1997 (Harassment)
  • s 4 of the Protection from Harassment Act 1997 (Putting People in Fear of Violence)
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15
Q

The Code of Practice for Victims of Crime defines a victim of hate crime as…

A

an intimidated victim.

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16
Q

What is used to try to achieve the aspirational situational and objective targets for managing risk for Victims of Crime?

A

Risk management is something we do on a daily basis. The RARA model (Risk Appetite and Risk Attitude) is used to try to achieve the aspirational situational and objective targets.

17
Q

Investigating Hate Crime

Initial actions: officer’s must remember that their initial actions at the scene can have a significant impact on the later success of an investigation. In some cases, this can make the difference between conviction and acquittal. It is particularly important to:

A

deal with the victim sensitively,

preserve the scene if appropriate,

gather evidence (especially forensic evidence),

locate and speak to witnesses,

deal with any suspect(s), whether present at the scene or not,

conduct an initial risk-assessment, there may be a local one to use.

18
Q

Safeguarding

Safeguarding and risk assessing is key for all but it is particularly important, for example, in disability related hate crime where financial grooming, also known as ‘mate crime’, can often be dismissed all too quickly as civil debts.

This is probably the most prolific form of abuse and yet the least recorded. In these instances, best practice when dealing with vulnerable adults is to do what?

A

Submit a safeguarding referral form, especially where exploitation is believed to be taking place.

This should trigger a referral to the Police Public Protection Unit (or similar at your Police Service) and a referral to the local Council who will then send it to the appropriate department, that may be Social Care, Community Protection or one of their other agencies such as learning difficulties support team or mental health team.

19
Q

Why is Hate Crime treated differently?

A

In most crimes, the motivation for targeting a victim is due to something they have in their possession or control leading to a crime such as a theft, burglary or robbery.

In Hate Crime it is ‘Who’ the victim is, or ‘What’ the victim appears to be that motivates the offender to act on a prejudice or hostility towards a specific individual and the community they represent.

20
Q

Follow Up and Multi Agency Work After A Hate Crime

The follow up and ongoing support is just as important as the initial contact, victims can be left wondering what is happening or feel that they have been abandoned.

The following is a list of things you can do(but it’s not exhaustive so consider further options):

A

Ensure the relevant neighbourhood policing teams are notified and that they receive a copy of the crime report to assist in ongoing victim reassurance.

For more serious incidents, consider deploying a family liaison officer.

Consider referrals to local groups that can provide support to individuals, as well as organisations such as Victim Support, Tell MAMA, NAS (National Autistic Society), Stonewall, MIND, Mencap and Scope, etc.

Make a ‘contact contract’ with the victim to manage their expectations, you can remind them that they can also call you for updates.

21
Q

Offenders

The cause of people offending can be broad, things like…

A

Peer pressure, family background, socio-economic factors, suspicion and misunderstanding can be driving factors.

22
Q

A community can be defined as…

A

a group of people living in one locality or using the same media platform; equally it can be defined as a group of people who have characteristics in common, for example, cultural, religious, ethnic, physical or social.

23
Q

Making the Community Work For You

If they are not already in place, consider setting up:

A

Independent Advisory Groups

Scrutiny Panels

Third party reporting centres

24
Q

Making the Community Work For You

What are Independent Advisory Groups?

A

Voluntary groups made up of members of the public that are independent from the police.

Review and challenge policing practices in a constructive way.

25
Q

Making the Community Work For You

What are Scrutiny Panels?

A

Can act as critical friends, helping develop the service we deliver by feedback from service users: Made up from people from LGBT, disability, racial and religious groups representing their communities and feeding back to improve response to hate crimes and incidents locally.

26
Q

Making the Community Work For You

What are Third party reporting centres?

A

These can be organisations representing communities or locations, such as libraries or other public or voluntary services, where people can report incidents and crimes via a third party if they prefer not to speak to the police directly.

These reports should still be crimed accordingly and can be used as intelligence to identify hot spots or rising tensions.

Additionally, reports may also be submitted through True Vision, Stop Hate UK and even Crimestoppers where the person reporting wishes to remain anonymous.

27
Q

James has a learning disability, he has a new friend who often comes round on benefits day and James has taken a phone contract out for his friend because he is short of money. He did promise to pay James back but several months later he has not given James any money and still uses the phone. James has to pay a large monthly bill for this phone. What would you consider this to be?

A

A hate crime towards James due to his learning disability being a factor in determining him being victimised

28
Q

SMITH is on his way to a fancy dress party as a character from Braveheart, wearing traditional Scottish dress. JONES sees him walking down the street and shouts at him, intending to cause him distress, “WHY DON’T YOU SCOTS PISS OFF BACK WHERE YOU CAME FROM?” whilst waving his fist. Several people in the street see and hear him and are alarmed. JONES is in fact from Cornwall and just finds the comments funny and waves. Does SMITH commit an offence of racially aggravated Section 4a Public Order (Intentional Harassment, Alarm or Distress)?

A

Yes, because SMITH has demonstrated hostility based on perceived membership of a racial group

29
Q

Steven is walking home one night and approaches an alleyway to take a short cut. There are a number of youths hanging around and Steven feels intimidated so chooses not to go down the alley. A number of the youths start shouting ‘faggot’ at Steven. Steven feels intimidated by this but he is heterosexual, what if any offence is committed?

A

S5 POA 1986 offence, uses threatening [or abusive] words or behaviour, or disorderly behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress, aggravated by a homophobic hate crime element

30
Q

What are the 6 monitored hate crime strands?

A
  1. Disability
  2. Race
  3. Religion/Faith
  4. Sexual Orientation
  5. Transgender status
31
Q

Aggravated Criminal Damage

Criminal Damage

A

Offence: A person is guilty of this offence if he commits an offence under section 1(1) of the Criminal Damage Act 1971 which is racially or religiously aggravated

Legislation: Section 30(1) of the Crime and Disorder Act 1998.

Penalty: A fine or imprisonment (summarily, 6 months and up to 14 years on indictment).

Powers: A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence.

Example: Graffiti of a racial nature

32
Q

Aggravated Harassment

Harassment

A

Offence: A person is guilty of this offence if he commits an offence under section 2 of the Protection from Harassment Act 1997 (harassment) which is racially or religiously aggravated.

Legislation: Section 32(1)(a) of the Crime and Disorder Act 1998.

Penalty: A fine or imprisonment (summarily, 6 months and up to 2 years on indictment).

Powers: A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence.

Example: Racist, persistent unwanted behaviour which makes someone feel intimidated or humiliated.

33
Q

Aggravated Harassment

Putting people in fear of violence

A

Offence: A person is guilty of this offence if he commits an offence under section 4 of the Protection from Harassment Act 1997 (putting people in fear of violence) which is racially or religiously aggravated.

Legislation: Section 32(1)(b) of the Crime and Disorder Act 1998.

Penalty: A fine or imprisonment (summarily, 6 months and up to 7 years on indictment).

Powers: A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence.

Example: Causes another to fear, on at least two occasions, that violence will be used against him based on their religion.

34
Q

Aggravated Assault

GBH

A

Offence: A person is guilty of this offence if he or she commits an offence under s20 Offences Against the Person Act 1861 (GBH) which is racially or religiously aggravated.

Legislation: Section 29(1)(a) of the Crime and Disorder Act 1998.

Penalty: Triable on indictment only and penalty is life imprisonment.

Powers: A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence.

Example: Shouting hatred of a race, pushing over someone based on their presumed membership and they fracture their skull.

35
Q

Aggravated Assault

ABH

A

Offence: A person is guilty of this offence if he or she commits an offence under section 47 of the Offences against the Person Act 1861 (ABH) which is racially or religiously aggravated.

Legislation: Section 29(1)(b) of the Crime and Disorder Act 1998

Penalty: Triable either way and the penalty is a fine or imprisonment (summarily 6 months, and 7 years on indictment).

Powers: A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence.

Example: Shouting racist abuse and punching someone in the face.

36
Q

Aggravated Assault

Common Assault

A

Offence: A person is guilty of this offence if he or she commits an offence of Common Assault which is racially or religiously aggravated.

Legislation: Section 29(1)(c) of the Crime and Disorder Act 1998

Penalty: Triable either way and the penalty is a fine or imprisonment (summarily 6 months, and 2 years on indictment).

Powers: A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence.

Example: “I’m going to slap you you n***er, or conditional threat (if you do this I’ll___)”

37
Q

Aggravated Public Disorder

Fear or provocation of violence

A

Offence: An offence under section 4 of the Public Order Act 1986 (fear or provocation of violence) which is racially aggravated.

Legislation: s31 Criminal Justice Act 1988

Penalty: Triable either way and the penalty is a fine or imprisonment (summarily 6 months, and 2 years on indictment).

Powers: A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence.

Example: Uses, towards another person, threatening, abusive or insulting words or behaviour whereby that person is likely to believe that such violence will be used.

38
Q

Aggravated Public Disorder

Intentional harassment, alarm or distress

A

Offence: An offence under section 4A of the Public Order Act 1986 (intentional harassment, alarm or distress).

Legislation: s31 Criminal Justice Act 1988.

Penalty: Triable either way and the penalty is a fine or imprisonment (summarily 6 months, and 2 years on indictment).

Powers: A constable may arrest without warrant anyone whom he reasonably suspects to be committing an offence.

Example: Intentionally displays a racist poster thereby causing a person harassment, alarm or distress.

39
Q

Aggravated Public Disorder

Non-intentional harassment, alarm or distress

A

Offence: An offence under section 5 of the Public Order Act 1986 (Non-intentional harassment, alarm or distress).

Legislation: Section 20 Offences Against the Person Act 1861.

Penalty: Triable summarily and the penalty is a fine or max 6 months imprisonment.

Powers: A constable may arrest a person without warrant if…

a) he engages in conduct which a constable reasonably suspects to constitute an offence.
b) he is warned by that constable to stop; and
c) he engages in further such conduct immediately or shortly after the warning.

Example: Uses racist threatening or abusive words or behaviour within the hearing or sight of a person.

Key Legislation 2 (6 decks)

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