Omar Bennett
Hate crimes are acts of violence or hostility directed at people because of their identity. Hate crimes are typically motivated by prejudice against a particular group, and can include criminal offences such as assault, vandalism, and harassment. In the UK, the police and Crown Prosecution Service (CPS) define a hate crime as 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 disability or perceived disability; race or perceived race; religion or perceived religion; sexual orientation or perceived sexual orientation; or transgender identity or perceived transgender identity. The CPS is responsible for deciding whether a case should be prosecuted as a hate crime, and the UK government publishes data on hate crimes annually. In 2021, 124,091 hate crimes were recorded by police in England and Wales, representing a 9% increase from 2020.
| Characteristics | Values |
|---|---|
| Number of hate crimes recorded in England and Wales in 2021 | 124,091 |
| Percentage increase in the number of hate crimes in England and Wales from 2020 to 2021 | 9% |
| Percentage of hate crimes cases CPS prosecuted that led to a conviction or guilty plea in 2020-21 | 86% |
| Number of protected characteristics recognized by law | 5 |
| Protected characteristics | Race, Religion, Sexual Orientation, Transgender Identity, Disability |
| Criminal offences considered hate crimes | Those motivated by hostility or prejudice based on protected characteristics |
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What You'll Learn
Race and ethnicity
In the UK, any criminal offence can be a hate crime if it is perceived by the victim or any other person to be motivated by prejudice or hostility based on race or perceived race. This includes racist language, racist graffiti, and assault. For example, it is a hate crime if someone assaults you and uses racist language, or vandalises your property with racist graffiti. It is also a hate crime if someone targets you because they think you are part of a particular race or ethnic group, even if you are not.
The Crown Prosecution Service (CPS) is responsible for deciding which cases go to court and whether there is enough evidence to prosecute a crime as a hate crime. The CPS also asks the courts to increase the sentence for those convicted of a hate crime to reflect the severity of the offence.
Hate crime laws in England and Wales have evolved over the past two decades, and the law currently recognises five protected characteristics, including race and ethnicity. However, these characteristics are not treated equally under the law. For instance, aggravated offences only apply to racial and religious hostility, while stirring-up offences do not cover all protected characteristics. This has been criticised as unfair and needlessly complicated, and reforms have been recommended to ensure that all protected characteristics are treated equally.
In 2021, 124,091 hate crimes were recorded by the police in England and Wales, a 9% increase from 2020. Of these, 86% of hate crime cases prosecuted by the CPS led to a conviction or guilty plea. It is important to report hate incidents, as they can escalate to hate crimes and help build a case for prosecution. Support services are available for victims of hate crimes, and individuals can choose to remain anonymous when reporting these incidents.
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Religion and belief
A hate crime is defined as "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 [...] religion or perceived religion". This includes people with religious beliefs and those without. Sectarian hostility is covered by this definition and includes hostility towards converts and apostates.
Hate crimes can take the form of physical assault, verbal abuse, and incitement to hatred. Verbal abuse can include threatening or abusive communication intended to harass, alarm, or distress someone. This can include hate speech, which is forbidden under hate speech laws in England and Wales.
Prosecutors are trained to recognise hate crimes and must refer to specific guidelines when reviewing cases and prosecuting offences classified as hate crimes. When hate incidents become criminal offences, they are known as hate crimes. It is important to report all incidents so that they can be documented and investigated, even if they do not amount to criminal offences.
In the UK, Parliament has passed specific legislation aimed at outlawing crimes where the offender is motivated by hostility or hatred towards the victim's religious beliefs (actual or perceived). This includes the Crime and Disorder Act 1998 and section 66 of the Sentencing Act 2020, which allows prosecutors to apply for an uplift in sentence for those convicted of a hate crime.
Examples of religious hate crimes include the case of Harry Taylor, who was charged under Part 4A of the Public Order Act 1986 for leaving anti-religious cartoons in the prayer room of Liverpool's John Lennon Airport. Another example is the campaign launched by the Christian Institute in 2012 to remove the word "insulting" from section 5 of the Public Order Act, which was backed by high-profile activists and eventually passed into law as the Crime and Courts Act 2013.
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Sexual orientation
Hate crimes based on sexual orientation are defined by the law in the UK as any sexual orientation crime that is perceived, by the victim or any other person, to be You may want to see also Hate crimes are motivated by prejudice towards a person's actual or perceived race, religion, disability, sexual orientation, or transgender identity. In the UK, transgender identity is protected by law, and hate crimes against transgender people are taken seriously by the police and the government. However, transgender hate crimes are often underreported, and there has been a recent rise in the number of recorded incidents. In the year ending in March 2023, 4,732 hate crimes against transgender people were recorded in England and Wales, an increase of 11% from the previous year. This number is thought to be an underrepresentation, as out of 108,100 responses to the National LGBT Survey, 88% of transgender people did not report the most serious type of incident. Furthermore, only 48% of transgender individuals were satisfied with the police response after reporting the most serious types of incidents. Transgender people are more likely to experience threats of physical or sexual harassment or violence compared to the LGBT community as a whole. Most transphobic incidents reported involve verbal abuse, threatening behaviour, harassment, and anti-social behaviour, such as having derogatory terms shouted at them or facing harassment from neighbours, co-workers, or strangers. The Crown Prosecution Service (CPS) is responsible for deciding which cases go to court and whether there is enough evidence to prosecute a crime as a hate crime. CPS lawyers receive training on hate crimes and regularly review each other's work to deliver the best quality service. The CPS also works with community partners to ensure that their training accurately reflects the cases their lawyers are likely to encounter. Organisations like Stop Hate UK provide support for anyone facing hate and discrimination due to their transgender identity. They offer a 24-hour helpline with emotional support, advocacy, and independent advice. They also work to educate organisations and communities through bespoke training programmes to tackle transgender hate and discrimination. You may want to see also According to the Crown Prosecution Service (CPS), a disability hate crime involves the use of violence against people with disabilities. This is not limited to physical violence but includes other hostile acts, such as the repeated blocking of disabled access and verbal abuse. These acts are associated with prejudice against a person's disability or a denial of equal rights for disabled people. The CPS's legal guidance on disability hate crime incorporates the social model of disability and reminds prosecutors that while some disabled people might be vulnerable adults, many do not identify as "vulnerable" and may be offended by the use of that word. The CPS is committed to making sure that evidence that a disabled person has been targeted is put before the court so that the full gravity of the offending can be considered in sentencing. In the UK, disability hate crime is regarded as an aggravating factor under Section 146 of the Criminal Justice Act 2003, allowing a heavier tariff to be used in sentencing than the crime might draw without the hate elements. There are several ways to report a disability hate crime, including to the police, anonymously through a third-party reporting centre, or to a charity helpline such as Stop Hate UK. You may want to see also A hate crime is any criminal offence committed against someone because of their disability, transgender identity, race, religion, or sexual orientation. The five protected characteristics of a hate crime are gender identity, sexual orientation, disability, race, and religion or belief. No, you don't have to be part of the group to be a victim of a hate crime. For example, you may not be part of a religion and still be targeted because of the offender's perception of your religion. A hate crime is a criminal offence, whereas a hate incident is not a crime but is perceived to be motivated by prejudice. For example, if someone shouted abuse from their car, this would be a hate incident. You can report a hate crime online or call 999 if the crime is in progress or someone is in immediate danger. If it is not an emergency, call 101 or contact your local police.Slavery's Concessions: The Constitution's Dark Legacy
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