CPS North East - Hate Crime Sentence Uplifts - June 2022

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 driving without insurance and of religiously aggravated public order towards the arresting officer. He was sentenced to fines totally £250. The court announced that it had uplifted the sentence to reflect the racial aggravation by increasing the fine. 

The defendant was convicted of a series of road traffic violations including careless driving and of homophobic intentional harassment/alarm/distress towards an eyewitness. He was sentenced to a community order for 18 months with rehabilitation activities and unpaid work. Compensation was ordered in favour of the eyewitness in the sum of £200. The court announced it had uplifted the sentence to reflect the homophobic aggravation. 

The defendant was convicted of causing harassment alarm distress after she repeatedly abused her neighbours using disablist language. She was sentenced to a fine of £300 and ordered to pay compensation to the victims in the total sum of £400. The court announced that it had increased the sentence to reflect the disablist aggravation. 

The defendant, a youth, was convicted of racially aggravated intentional harassment alarm distress and criminal damage after smashing windows and threatening staff at a care home whilst using racial abuse. He was sentenced to a referral order for six months. The court announced that they had uplifted the sentence to reflect the racial aggravation. 

The defendant was convicted of racially aggravated harassment after he used racist hostility towards a member of staff at a hospital where he was being treated. He was sentenced to a fine of £180. The court announced that the sentence had been uplifted to reflect the racist nature of the offence.

The defendant was convicted of racially aggravated intentional harassment alarm distress after he was racially abusive to a Ukrainian female to whom he took exception to her parking her car near his address. He was sentenced to a conditional discharge for 18 months and ordered to pay compensation in the sum of £50. The court announced it had uplifted the sentence to reflect the racial aggravation.

The defendant, a youth, was convicted of racially aggravated intentional harassment, alarm distress after he and other youths threw mud towards his neighbour’s house and racially abused him. The court extended his existing referral order by 3 months and ordered compensation in the sum of £85. The court indicated they had uplifted the sentence to reflect the racist nature of the offence. 

The defendant was convicted of harassment with violence and of breaching a restraining order after he repeatedly posted offensive and disablist messages to Facebook about his ex-partner and children. He was sentenced to 16 months’ imprisonment. The court announced that it had uplifted the sentence imposing additional months to reflect the disablist aggravation.

The defendant was convicted of intentional harassment alarm distress after he was verbally abusive towards a wheelchair user on a bus, displaying both homophobic and disablist hostility. He was sentenced to 16 weeks’ imprisonment. The court announced that it had uplifted the sentence to reflect the hate abuse by increasing the length of imprisonment by four weeks.

The defendant was convicted of racially aggravated threatening behaviour towards staff at the Holiday Inn after he confronted staff, threatening violence, throwing things, and being racially threatening. He was sentenced to ten weeks’ imprisonment and ordered to pay the victims a total of £150 compensation. The court announced it had uplifted the sentence from a high community order to one of custody to reflect the racial aggravation.