Hate Crimes Flashcards
What is a “hate incident”?
- Non-crime
- Perceived to be motivated by hostility/prejudice
- By the victim or a third party
What is the difference between a hate incident and a hate crime?
If it’s motivated by hate but not a crime, it’s a hate incident.
If it’s a crime and motivated by hate, it’s a hate crime.
Section 28 - 32 Crime and Disorder Act 1998: Points to Prove
- Before
OR - At the time of
OR - After
- Committing the offence
- Demonstrates hostility
- Membership (or perceived membership) of racial or religious group
OR
- Offence is motivated
- Hostility towards racial or religous groups
What is the definition of a racial group?
People who share:
- Colour
- Origin
- Race
- Nationality/ethnicity, including citizenship
What is the definition of a religious group?
A group of people who share a religious belief, or lack of belief
What crimes can be religiously or racially aggravated?
- Criminal damage
- Harassment
- Assault
- Public Order
- Strangulation
Can GBH with intent be racially/religiously aggravated?
No, as the maximum sentence is already life, so no sentence uplift is available
What public order offences can be racially/religiously aggravated?
Sections 5, 4A, 4 only
What personal characteristics are included in Section 66 Sentencing Act 2020
- Race
- Religion
- Disability
- Sexual orientation
- Transgender identity
All crimes get a sentencing uplift if one of these elements is present
What is the difference between the Crime and Disorder Act 1998 and Section 66 of the Sentencing Act 2020?
The Crime and Disorder Act 1998 creates specific aggravated hate crime offences.
The Sentencing Act 2020 applies after conviction, and forces the court to treat any offence as more serious if there was hostility from the offender towards the victim’s protected characteristics.
