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CPS North East - Hate Crime Sentence Uplifts - February 2022

|News, Hate crime

Under hate crime legislation the courts must pass increased sentences where prosecutors 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 assault and intentionally causing homophobic harassment towards door staff after he was refused entry to a bar and retaliated with homophobic abuse and grabbing door staff by the throat. He was sentenced to a fine of £833. The court announced that it had uplifted the sentence to reflect the homophobic aggravation.

The defendant was convicted of homophobic harassment towards a police officer, who was acting in the course of his duty whilst making an arrest. He was sentenced to a fine of £40.00. The court announced that it had uplifted the sentence to reflect the homophobic aggravation.

The defendant, a youth, was convicted of racially aggravated assault and racially aggravated intentional harassment alongside other offences towards a local shop proprietor whom he had targeted over a period of months, stealing, being verbally and physically aggressive and racially abusive. He was sentenced to a twelve-month intensive rehabilitation order. Compensation to the victims in the sum of £150 was ordered. A restraining order was made preventing any contact with the proprietor and the store for a period of two years. The court announced that it had uplifted the sentence to reflect the repeated racial aggravation.

The defendant was convicted of offences of assaulting police officers after she kicked, bit, and spat at officers responding to a welfare check, whilst using homophobic abuse. She was sentenced to a community order for 18 months with rehabilitation activity requirements and ordered to pay compensation to a total of £200. The court announced that they had uplifted the sentence by extending the length of the community order to reflect the homophobic aggravation.

The defendant was convicted of racially aggravated intentional harassment and of behaving in a homophobically abusive manner towards police officers acting in the course of their duties. She was sentenced to a twelve-month community order with rehabilitation activities and unpaid work. Compensation was ordered to be paid in the sum of £230. The court announced that they had uplifted the sentence from a fine to a community order to reflect both the homophobic and the racial aggravation.

The defendant, a youth, was convicted of racially aggravated harassment alarm distress after he racially abused a competing football player in a junior football match. He was sentenced to a six-month referral order, uplifted from four months to reflect the racial aggravation.

The defendant was convicted after trial of racially aggravated assault after she racially abused and then pushed her neighbour following an altercation. She was sentenced to a fine in the sum of £180 and ordered to pay compensation of £50. The court announced that the sentence had been uplifted to reflect the racial aggravation.

The defendant was convicted of racially aggravated intentional harassment and of assault following a protracted incident with neighbours whereby he pushed an elderly neighbour and racially abused several others including children for making too much noise. He was sentenced to eight weeks’ imprisonment, suspended for twelve months, with rehabilitation activities. The court announced that the sentence had been uplifted from a community order to custody to reflect the protracted racial aggravation.

The defendant was convicted of racially aggravated threatening behaviour and of breach of a restraining order for repeated racial abuse and threats towards a local shop owner. He was sentenced to eight weeks’ imprisonment suspended for 18 months, with rehabilitation activities. The court announced it had uplifted the sentence by increasing the number of weeks of imprisonment to reflect the racial aggravation.

The defendant was convicted of racially aggravated intentional harassment towards staff at a Home Bargains where he was persistently racially abusive. He was sentenced to two weeks' imprisonment suspended for 18 months. Compensation in the sum of £75 was ordered in favour of the victims. The court announced it had uplifted the sentence from a community order to reflect the racial aggravation.

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