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CPS North East - Hate Crime Sentencing Uplifts - April 2021

|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 intentional racial harassment and assaulting emergency workers after he spat at officers and racially insulted one officer during the course of an arrest. He was sentenced to 20 weeks’ imprisonment suspended for 18 months. The court announced that it had uplifted the sentence to reflect the racial aggravation.

The Defendant was convicted of intentional racial harassment towards two victims in a queue, following a disagreement about wearing face coverings. He was sentenced to 12 weeks’ imprisonment, which was suspended for 12 months with a rehabilitation activity requirement. Compensation was ordered in the sum of £50. The court announced that it had uplifted the sentence from eight to 12 weeks to reflect the fact this was a racist hate crime.

The Defendant was convicted of racially aggravated stalking causing fear of violence as part of a campaign of domestic abuse towards his ex-partner. He was sentenced to a total of 27 weeks’ imprisonment. The court announced that they had uplifted the sentence reflect the racial aggravation. A restraining order was made for two years.

The Defendant was convicted of intentional harassment after he used abusive homophobic language towards a police officer acting in the course of his duty. He was sentenced to 12-month community order with rehabilitation requirement and ordered to pay £50 compensation. The court announced that the sentence had been increased from a fine to a community order to reflect the homophobic aggravation.

The Defendant was convicted of theft and of being racially threatening and abusive towards a store security guard. She was sentenced to 13 weeks’ imprisonment, suspended for 18 months, with 100 hours unpaid work requirement. She was ordered to pay compensation of £150.The court announced the sentence had been to reflect the racial aggravation.

The defendant was convicted of racially threatening behaviour after a tirade of racist threats were directed towards two female strangers in the street. He was sentenced to 26 weeks’ imprisonment, suspended for 12 months, with rehabilitation requirements. He was ordered to pay a total of £128 compensation. The Judge announced the sentence had been uplifted from a community order to custody to reflect the serious racial aggravation.

The Defendant was convicted of racially aggravated assault by beating following a road rage incident in which he had throttled and punched the victim whilst using derogatory racist language towards him. He was sentenced to a community order for 18 months and ordered to pay £300 compensation to the victim. The court announced it had uplifted the sentence from a financial penalty to reflect the racial aggravation.

The Defendant was convicted of intentional racial harassment towards a Metro worker after he was challenged for not having a ticket. He was sentenced to an 18-month community order with rehabilitation activities and drug rehabilitation. He was ordered to pay £50 compensation to the victim and excluded from the Metro for six months. The court announced it had increased the length of the order by three months to reflect the racial aggravation.

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