CPS racist and religious crime data shows rise in prosecutions

04/12/2006

The Crown Prosecution Service's Racist and Religious Incident Monitoring report for 2005-2006 shows an increase in prosecutions on the previous year for both types of offences.

Prosecutions for racially aggravated offences rose by 28 per cent with 7,430 defendants, of which the CPS prosecuted 6,123 defendants or 82 per cent. Religiously aggravated cases rose by 26.5 per cent with 43 defendants, of which the CPS prosecuted 41 defendants or 95.3 per cent.

The Director of Public Prosecutions, Ken Macdonald QC said: "Racist and religiously aggravated crimes are particularly nasty because victims are targeted solely because of their identity or beliefs. These crimes don't just affect individual victims and their families but whole communities.

"The CPS is determined to take a robust view of these cases. Prosecutors will work closely with the police to make sure the strongest evidence is put before the courts to convict offenders."

The number of defendants pleading guilty has increased by two per cent to 71 per cent in 2005-06, with 16 per cent being found guilty after trial, so that convictions accounted for 87 per cent of the 8,114 charges prosecuted. This is an increase of three per cent on the previous year's figure.

For the third year, the report carries data on religiously aggravated offences. The overall conviction rate for religiously aggravated offences was 98 per cent, with a significant rise in the number of guilty pleas, from 46.5 per cent last year to 70.5 per cent this year.

A total of 51 religiously aggravated charges were prosecuted, an increase of 18.6 per cent on 2004-05. Nearly 70 per cent of these cases were prosecuted in the magistrates' courts with religiously aggravated public order offences accounting for almost half the charges.

The actual or perceived religion of the victim was not known in 21 out of 43 cases. In the 22 known cases, 18 victims were identified as Muslim, three as Christian and one as Sikh. The data covers the period following 7 July 2005 London bombings and the number of victims identified as Muslim throughout the whole of last year was 81.8 per cent, a rise of five per cent on the previous year.

Mr Macdonald said: "After the 7 July bombings it was feared that there would be a significant backlash against the Muslim community and that we would see a large rise in religiously aggravated offences.

"The fears of a large rise in offences appear to be unfounded. Although there were more cases in July 2005 than for any other month, the rise did not continue into August and overall in 2005-06 there was an increase of nine cases compared to the previous year.

"From the summary case reports sent to me for religiously aggravated offences, we have noted 12 such cases for the month of July after 7 July and in six of those cases the defendants referred specifically to the London bombings."

Mr Macdonald said that since January 2006, the CPS has held a series of "Listening, Reassurance and Information" evenings with Muslim communities across the country.

He said: "Part of the purpose of holding these events was to explain how we prosecute cases of racially and religiously aggravated crime and to encourage communities to come forward and report incidents of crime."

Notes to Editors

Electronic versions of the report are available on request and also on this website along with the CPS policy on prosecuting racist and religious crime in the Publications/Reports section, download the report here - Racist and Religious Incident Monitoring Report 2005-2006.

1. For further information contact CPS Press Office on 020 7796 8180.
2. There are 165 Witness Care Units across the country. Witness Care Officers provide a tailored package of support for each victim to help them to attend court and give evidence.

3. Racially aggravated case studies

1. Racially Aggravated Section 5 of the Public Order Act 1986:

   Officers were at Coney Beach, Porthcawl, when their attention was drawn to the defendant. There were a number of members of the public at the scene. As they approached they heard the defendant shout offensive words towards a black male standing in the street. A police officer approached the male to speak with him at which point the defendant shouted more abuse, ending: "he shouldn't be in this country". The defendant continued shouting in the same fashion and was arrested. He could not be cautioned due to his demeanour.

   The defendant entered a guilty plea and was fined £200 with £45 costs.

2. Racially Aggravated Common Assault:

   The offence occurred following a dispute over driving and consisted of the defendant getting out of his lorry, approaching the victim, shouting and spitting at her before commenting "You stupid little Paki". Spittle hit the victim, who remained sat in her car throughout, in the eye.

Following the arrest charging advice was sought. The Duty prosecutor advised that pre charge bail be used to obtain further supporting evidence. A not guilty plea was entered. The trial proceeded and the District Judge found the case proved. It was clear from the DJ's remarks upon conviction that the supporting evidence had been persuasive.

The defendant was sentenced to a Community Order with orders for £50 compensation and £200 costs.

3. Affray and Racially aggravated ABH against Victim A and ABH against Victim B:

   The victims had a drink with one of the defendants, later met him and then went on to a kebab shop. The defendants waited for them outside the kebab shop. One of the defendants had a piece of wood with him. When the victims left the kebab shop they were assaulted. Victim A, who is black, was hit on the back of the head with the piece of wood and he ended up on the floor being kicked by all three. Victim B, who is white, heard the defendants shouting "kill the nigger". He tried to help his friend but was hit on the head with the wood and punched. Victim A was treated with 20 stitches to his face. He was subsequently unable to work and he will have permanent scars. The defendants were identified at identification parades.

   The defendants entered guilty pleas on the trial date and were sentenced to 4 years' imprisonment.

4. Religiously aggravated case studies

1. Religiously aggravated common assault:

   The defendant refused to pay for his meal in an Indian restaurant and submitted the waiter to sustained verbal abuse and also physically assaulted him. The victim was Muslim.

   The defendant was sentenced to 6 months' imprisonment and the Judge commented that it would not have been custody if the offence has not been religiously aggravated.

2. Religiously aggravated common assault:

   A woman and her teenage daughter were waiting at a bus stop. The women were of Turkish ethnicity and were Muslim. The woman was 7 months pregnant. They were talking to each other in Turkish when they were approached by the defendant, a complete stranger to them. He was drunk and shouted abuse. He then walked up and down the bus shelter, spitting at the floor near to the women. Their bus arrived and they got up, at which point the defendant deliberately spat at the mother and then her daughter, his spittle making contact with their upper body clothing. The defendant was later arrested and claimed he could not remember why he had acted as he did.

   The defendant pleaded guilty and was sentenced to three months' imprisonment suspended for 18 months on each charge (consecutively) with a Supervision Order for 12 months and a requirement that he attended an alcohol misuse programme. The victims were awarded £100 compensation each.

3. Religiously aggravated public order and criminal damage - 7 July related:

   The offences happened on 7 July 2005 in South Yorkshire. The defendant banged on his neighbour's door and threatened him. The neighbour, who is Muslim, did not reply but closed the door. The defendant continued to shout abuse - blaming the Muslims for the London bombings. He returned later and threw a brick through the window in the door.

   The defendant pleaded guilty at Crown Court and was sentenced to nine months' imprisonment.

5. The Anti-Terrorism Crime and Security Act 2001 amended the Crime and Disorder Act 1998 to create new religiously aggravated offences. This provision came into effect on 14 December 2001. The offences capable of being charged as religiously aggravated offences can be divided into four broad categories:
1. Assaults
2. Public Order offences
3. Criminal Damage
4. Harassment offences

The Act also introduced a requirement for courts sentencing offenders to treat more seriously any offence (other than one of the specific religiously aggravated offences) which was found to be religiously aggravated. (This mirrored the provisions of the Crime and Disorder Act 1998 relating to racially aggravated offences).

6. The Racial Incident Monitoring Scheme Annual Report 2005-2006 contains information compiled by the Crown Prosecution Service on prosecution decisions and outcomes in all cases identified by the police or CPS as racist incidents between 1 April 2005 and 31 March 2006. It provides the following information:
• The number of racist incident defendant cases submitted by CPS areas during the reporting period;
• CPS decisions on charges put by the police;
• Details of charges prosecuted;
• Details of charges dropped;
• Outcomes of charges prosecuted in the Magistrates Courts, the Crown Courts and Youth Courts; and:
• Figures for religiously aggravated crimes.
7. Racially aggravated charges are sometimes withdrawn through lack of evidence or if the victim wishes to make a retraction, but there can still be a prosecution for the standard offence (e.g. assault or criminal damage).
8. For the purposes of the report, the police and CPS have used the definition provided in the Macpherson report which states that "a racist incident is an incident which is perceived to be racist by the victim or any other person". A similar definition has been adopted by the CPS for religious incidents.
9. Section 28 of the Crime and Disorder Act 1998 defined an offence as racially aggravated if the offender demonstrates racial hostility towards the victim at the time of, or before or after, committing an offence; or is motivated wholly or partly by hostility towards members of a racial group. It created specific offences of racially aggravated assault, criminal damage, public order and harassment. Additionally, section 153 of the Powers of Criminal courts (Sentencing) Act 2000 (replacing section 82 of the 1998 Act) imposes a duty on sentencing courts to treat evidence of racial aggravation as an aggravating feature, increasing the seriousness of the offence and the sentence to be imposed, in cases where offences are not specifically charged under the 1998 Act.