Information about hate crime
Racist and religious crime
We regard a racist or religiously motivated incident as:
Any incident which is perceived to be racist or religiously motivated by the victim or any other person.
An offence is racially or religiously aggravated if:
- at the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victim's membership (or presumed membership) of a racial or religious group; or
- the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.
Certain offences, including assault, harassment, criminal damage and public order offences, can be prosecuted specifically as racially or religiously-aggravated offences.
With any other offence where there is evidence of racial or religious aggravation, the defendant faces a harsher sentence than if he or she were found guilty of a non-racial or religious crime.
Further information relating to racist and religious crime is available on this website in the Publications/Prosecution Policy and Guidance/Racist and Religious Crime section.
Homophobic crime
Homophobic crime is any incident which is perceived to be homophobic or transphobic by the victim or by any other person [including the perpetrator].
We regard homophobic crimes as particularly serious because they undermine people's right to feel safe about, and be safe in, their sexual orientation.
Such crimes are based on prejudice, discrimination and hate, and they have no place in an open and democratic society.
We regard the homophobic element of any crime as a serious aggravating feature. We are determined to play our part in reducing crime by bringing offenders to justice.
Further information relating to homophobic crime is available on this website in the Publications/Prosecution Policy and Guidance/Homophobia section.
Disability hate crime
The CPS wants disabled victims and witnesses and their families and communities, as well as the general public, to be confident that the CPS understands the serious nature of this type of crime. Feeling and being unsafe or unwelcome – from shunning or rejection to violence, harassment and negative stereotyping – has a significant negative impact on disabled people's sense of security and wellbeing. It also impacts significantly on their ability to participate both socially and economically in their communities.
- The Disability Rights Commission's Attitudes and Awareness Survey (2003) revealed that 22 per cent of disabled respondents had experienced harassment in public because of their impairment. Incidents of harassment were more acute among 15-34 year olds with 33 per cent of this group of disabled people experiencing harassment (DRC, 2003).
- Eight per cent of disabled people in London suffered a violent attack during 2001-02 compared with four per cent of non-disabled people. Research by Greater London Action on Disability (GLAD) found that, "The attacks have a major impact on disabled people. Around a third have had to avoid specific places and change their usual routine. One in four has moved home as a result of the attack. Many disabled people are not confident that the police can help to stop the incidents" (GLAD 2002).
- Research by Mencap demonstrated that 90 per cent of people with a learning disability had experienced bullying and harassment. Sixty-six per cent of people with a learning disability have been bullied regularly with 32 per cent stating that bullying was taking place on a daily or weekly basis (Living in Fear, 2000).
Safety and security, and the right to live free from fear and harassment, are fundamental human rights and the CPS recognises the wider community impact of disability hate crime where it strikes at all disabled people by undermining their sense of safety and security in the community. For this reason we regard disability hate crime as particularly serious. Such crimes are based on ignorance, prejudice, discrimination and hate and they have no place in an open and democratic society.
Further information relating to disability hate crime is available on this website in the Publications/Prosecution Policy and Guidance/Disability Hate Crime section.
