Guidance on prosecuting cases of racist and religious crime

Annex B - Checklist - prosecuting racist or religious crime

This list is not exhaustive, but prosecutors dealing with racist or religious crime may find it useful as both a checklist and a record of decision-making and an aid to file endorsement.

Areas may wish to adapt the checklist to meet their own requirements.

Each issue requires a decision/comment and an information date.

Issue to be considered

Information needed from the police

• Previous incidents against this victim
• reported?
• crime report?
• prosecution action?
• Previous incidents involving this defendant
• reported?
• crime report?
• action taken?
• Ability/willingness of victim to give evidence
• Effect on wider community
• Likelihood of recurrence
• Views on safety of victim/family
• Information from other agencies e.g. Social Services, Housing Department, Health, Education
• Information from other organisations e.g. monitoring groups
• Any current civil proceedings?
• Any other orders in existence e.g. ASBOs, civil injunctions?
• Is current incident in breach of any order?
• Any other information?

Bail

• Police view on victim and family safety
• Victim's view on own and family safety
• Method for informing victim promptly of bail decision
• Victim Personal Statement

Charges

• Specific racially/religiously aggravated charge?
• Alternative verdict available?
• Need for alternative charge/count on indictment?

Retraction

• Statement from victim giving full reasons
• Original complaint - does victim confirm if it was true or false?
• Duress/intimidation/harassment?
• Other relevant information?

Police Officer

• View of reasons given
• View on how case should be dealt with
• View on how victim would react to being compelled
• View on safety of victim/family and future risk
• View on impact on wider community

Victim

• Views on case proceeding
• Injuries (including psychological)
• Subsequent threats?
• Planned attack?
• Incident witnessed by others?
  Details?
• Risk of recurrence
• Defendant's criminal history towards victim
• Information from other agencies
• Issue to be considered Decision/comment Information date

Where victim's evidence is vital

• Witness summons?
• Witness individual needs assessment?
• Arrest warrant?
• Section 23 CJA 1988?
• Special measures?
• Witness protection measures?

Where victim's evidence is not vital

• Sufficient other evidence?
• In public interest to proceed?

Other evidence

• Photographs of scene
• Medical evidence
• Admissions
• Res gestae
• 999 records
• Independent evidence
• Similar fact evidence: Previous incidents? Previous convictions?

Trial

• Victim vulnerable/intimated?
• Witness Service/other support agency involved?
• Waiting arrangements?
• Pagers?

Eligibility for special measures YJ & CEA 1999?

• Early special measures meeting with police?
• Special measures meeting with victim/witness?

Measures

• Screens
• Live TV link
• Video evidence
• Clear public gallery
• Restrictions on media reporting
• Prohibition on cross-examination by accused in person

Interpreter

• Required?
• Language/dialect?

Plea and sentence

• Reasons if accepting plea to lesser offence (specify in terms as set out in the Code for Crown Prosecutors)
• Consultation with line manager/specialist?
• Views of victim?

DCV

• DCV letter sent to victim where charge dropped/altered?
• Meeting with victim offered?
• Meeting arranged? People to attend?

Sentencing

• Evidence of racial/religious aggravation presented to court?
• Court indication that offence treated more seriously?
• Effect on victim - Victim Personal Statement?

Monitoring and sharing good practice

• RIDS form completed?
• Sent to Area RIDS co-ordinator?
• Good practice to be shared with team/unit/Area/EDO/Policy?
• Issues identified to raise with other CJS agencies (e.g. police/court)
• Share positive outcomes with the wider community through local initiatives/groups including Hate Crime Scrutiny Panels

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