CPS North East Hate Crime Sentence uplifts - February 2020
Under hate crime legislation the courts must pass increased sentences where prosecutors show evidence that offences either demonstrate or have been motivated by hostility towards a person’s race, religion, disability, transgender identity or sexuality. Below are examples of hate crime cases recently prosecuted by CPS North East, each of which resulted in a conviction and an uplifted sentence.
The Defendant was convicted of causing harassment, alarm or distress when he uttered homophobic abuse towards a police officer who was arresting him for breaching a community protection notice. He was sentenced to a fine of £150 uplifted from £120 to reflect the homophobic aggravation.
The Defendant, a youth, was sentenced to a Rehabilitation Order and a 21-month restraining order when convicted of breach of a restraining order and causing harassment alarm distress in the local Co-op store. The court announced that they had increased the sentence from a referral order to reflect the homophobic aggravation.
The Defendant, a youth, was charged with offences of racially aggravated intentional harassment alarm distress, when she attended the local shop where she was barred and was repeatedly racially abusive towards the victim. Upon conviction the defendant was sentenced to a four-month referral order uplifted from three months to reflect the racist behaviour.
The Defendant, a youth, was convicted of an offence of racially aggravated intentional harassment alarm distress after sending vile and racist messages over Snapchat. He was sentenced to a seven-month referral order which had been uplifted from six months to reflect the racial aggravation.
The Defendant was charged with religiously aggravated intentional harassment alarm distress and two offences of assaulting an emergency worker when he attacked officers responding to an incident. The Defendant was sentenced to 26 weeks' custody, and the court announced this had been uplifted by 10 weeks due to the religious aggravation.
The Defendant, a youth, was convicted at the Crown Court of racially aggravated threatening behaviour when he had entered a take a way threatening staff and racially abusing them. Other offences sentenced at the same time included assault and offensive weapons. He was sentenced to three months' custody for the racially aggravated offence, which was an uplift of one month to reflect the racial aggravation. A total sentence of 12 months' custody was given for all offending suspended for 18 months with 20 rehabilitation requirement days and nine months' Drug Rehabilitation Requirement.
The Defendant was charged with causing intentional harassment, alarm or distress when he shouted insulting and derogatory words towards members of the Pakistani community. Upon conviction he was ordered to pay a fine of £200 uplifted from £100 to reflect the racial hostility.
The Defendant was convicted of racially aggravated threatening behaviour for racist abuse and threats of violence towards a Pharmacist working in a chemist dispensing his medication. He was sentenced to 18 weeks' custody, uplifted from 12 weeks to reflect the racial aggravation; this was suspended for 12 months with a community order of 12 months, 10 rehabilitation requirement days and a compensation order of £100 for the victim.