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HATE CRIME AND THE LAW
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Hate Crime and the Law
Hate Crime is illegal! In England and Wales, any criminal offence that is motivated by race (including colour, nationality or citizenship), religion, disability or sexual orientation can result in more severe punishment.
There is a wide range of civil and criminal powers that ban hate. Some laws refer directly to hate-motivated incidents of violence and harassment, while other laws can be used to deal with acts intended or likely to stir up hatred, nuisance, and other hostile behaviour.
Laws Prohibiting Violence and Harassment Motivated by Hate
Crime and Disorder Act 1998, Sections 28-32 (as amended by Anti-Terrorism, Crime and Security Act 2001)
Creates new ciminal offences with more severe punishments for racially and religiously motivated assaults, criminal damage, public order offences and harassment.
Powers of Criminal Courts (Sentencing) Act 2000, Section 15
Allows courts to consider increasing sentences where there has been racial or religious hostility for any crime not covered under the Crime and Disorder Act 1998.
Criminal Justice Act 2003, Section 146
Allows courts to consider increasing sentences where there has been hostility because of (actual or perceived) sexual orientation or disability.
Laws Prohibiting Incitement to Hatred, Nuisance, and Hostile Behaviour
Public Order Act 1986, Part III, Sections 17-23 (Incitement to Racial Hatred)
Racial and Religious Hatred Act 2006
Creates criminal offences for acts that are intended or likely to stir up race or religious hatred, including using words or behaviour; publishing or distributing written material; the public performance of a play; distributing, showing, or playing a recording; broadcast programmes, and the possession of offensive material.
Criminal Justice and Immigration Act 2008
Football Offences Act 1991
Maximum Sentences and Maximum Hate Crime Sentences
Some of the legislation above places a duty on courts to increase the sentence for any offence aggravated by the demonstration of hostility based upon victims' disability, race, colour, religion or sexuality.
The extent of the increase is listed in the table below.
OFFENCE | Maximum | Maximum | Hate Aggravated |
| Unlawful wounding | 6 months | 5 years imp | 7 yrs imp |
| Assault ABH | 6 months | 5 years imp | 7 yrs imp |
| Common Assault | 6 months | - | 2 yrs imp |
| Criminal Damage | 6 months | 10 months | 14 months imp |
| Fear/Provocation of Violence | 6 months | - | 2 months imp |
| Intentional harassment/Alarm/Distress | level 3 & 4 fine | - | 2 months imp |
| Harassment/Alarm/Distress | 6 months | - | - |
| Harassment/Stalking without violence | 6 months | - | 2 months imp |
| Harassment/Stalking with fear of Violence | 6 months | 5 months | 7 months imp |
imp = Imprisonment
This information has been published in the book, 'Helping Victims of Hate Crime' produced by C5 Consultancy Ltd. If you would like a free copy of this book please contact us.
