CPS North East - Successful Hate Crime Prosecutions - April 2023
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.
Case Study 1: Racist Hate Crime
The defendant has charged with an unprovoked assault on another member of public. When arrested he has been racially abusive towards the police officer. The defendant received a ten-week immediate prison sentence. This would have been eight weeks but due to the hate crime was uplifted to ten weeks.
Case Study 2: Racist Hate Crime
The defendant has sent a number of offensive communications to an MP, one which included racist language directed at immigrants. The defendant received a 14-week custodial sentence which was suspended for twelve months. The sentence would have been one of twelve weeks had it not been for the racist hate crime.
Case Study 3: Homophobic Hate Crime
The defendant was charged with assaulting a female family member whilst making homophobic comments towards the victim.
The defendant entered a guilty plea on day of trial and was made subject to a twelve-month community order and ordered to pay the victim compensation. Had there not been the hate crime element, there would not have been a compensation order.
Case Stud 4: Racist Hate Crime
Defendant was charged with making a racist comment to a neighbour during an argument regarding parking.
The defendant has pleaded guilty and was given a fine of £834. This would have been £625 but was increased to £834 due to the hate crime element.