Hate Crimes

Question 1

What is a hate crime?

Answer 1

A crime motivated by malice and ill-will towards a social group

Question 2

What motivates a hate crime?

Answer 2

Prejudice and hatred towards particular features of a victims identity

Question 3

What is the alternative definition of a hate crime?

Answer 3

An act that involves acts of violence and intimidation usually direct towards already stigmatised and marginalised groups

Question 4

What are the five protected characteristics under the equality act 2010?

Answer 4

Race, religion, sexual orientation, transgender identity and disability

Question 5

What are the two specific offences of a hate crime?

Answer 5

1. ‘Stirring up’ racial hatred Public order Act 1986 Part III
2. Racially aggravated harassment
   Criminal Law Consolidation (Scotland) Act 1995

Question 6

How does the Public Order Act 1986 define racial hatred?

Answer 6

Hatred against a group of persons defined by reference to colour, race, nationality or ethnic origins

Question 7

What situations are likely to stir up racial hatred?

Answer 7

1. use of words or behaviour
2. publishing or distributing written materiel
3. public performance of play
4. distributing, showing or playing a recording

Question 8

What happened in Wilson v PF 2005?

Answer 8

Distribution of political leaflets on behalf of BNP

Charged under the Public Order Act for distributing written material likely to create racial hatred

Question 9

How can a person be guilty under the Criminal Law Consolidation Act 1995?

Answer 9

a) pursues a racially aggravated course of conduct which amount to harassment that was either intentional or if the reasonable person though it would amount to harassment
b) acts in a manner that is racially aggravated and causes or is intended to cause a person alarm or distress

Question 10

What is the definition of racial aggravation under the Criminal Consolidation (Scotland) Act?

Answer 10

Defines racial aggravation by reference to the evincing of malice of ill-will based on a persons membership or presumed member ship of a racial group

Question 11

What offence was the defender charged with in Dyer v Hutcheson?

Answer 11

Racially aggravated breach of the peace

Question 12

Why have hate crime offences?

Answer 12

1. Harm which they cause has profound effect on victim/community
2. Shows that racial behaviour will not be tolerated
3. Increase awareness of hate crimes and encourages people to report them.