CPS Yorkshire and Humberside: Hate crime sentence uplift examples

Under the hate crime legislation, courts must treat offences more seriously where there is evidence that the offender demonstrated hostility on the basis of the victim’s actual or presumed race, religion, disability, transgender identity or sexual orientation, or the offence was motivated on the basis of hostility towards one of these characteristics. Below are some examples of hate crime cases prosecuted by CPS Yorkshire and Humberside in May 2022 which resulted in a conviction and an uplifted sentence.

Racially and religiously aggravated cases:

1. The defendant entered a store and attempted to steal items.  When he was challenged by a security guard, he subjected him to threats with a weapon and racial abuse.  The defendant was sentenced to a number of charges, including using racially aggravated threatening, abusive or insulting words or behaviour in public with the intent to cause someone present to fear the use of immediate unlawful violence, robbery, assault and having an article with a blade.  He pleaded guilty to all charges on the first hearing in the Crown Court and was sentenced to two months’ imprisonment for the racially aggravated offence, uplifted from a fine.  in total he was sentenced to six years’ imprisonment with an extended licence of four years (Humberside case.) 

2. The defendant was asked to leave a nightclub, and was racially abusive towards the doorman.  He was found guilty after a trial in the Magistrates’ Court to using racially aggravated threatening, abusive or insulting words or behaviour in public with the intent to cause someone present to fear the use of immediate unlawful violence.  He was sentenced to a Suspended Sentence Order of eight weeks for 12 months, uplifted from a financial penalty.  He was also sentenced to 20 Rehabilitative Activity Requirement days and ordered to pay £300 costs and £128 victim surcharge (Humberside case.).

3. The defendants used racially abusive words and actions towards the victim.  They pleaded guilty at the first hearing in the Magistrates’ court to using racially aggravated threatening, abusive or insulting words or behaviour in public with the intent to cause someone present to fear the use of immediate unlawful violence.  They were both sentenced to four weeks’imprisonment, uplifted from a fine.  With a sentence for other offences, they will both serve 12 weeks’ imprisonment (Humberside case.)

4. On two separate occasions, the defendant used racially abusive language towards the victim and threatened him with a knife.  He pleaded guilty at the Crown Court to two charges of using racially aggravated threatening, abusive or insulting words or behaviour in public with the intent to cause someone present to fear the use of immediate unlawful violence and having an article with a blade.  He was sentenced to 16 months’ imprisonment, uplifted from four months, for the first offence.  He was sentenced to 20 months’ imprisonment, uplifted from four months, for the second offence and will serve a total of three years’ imprisonment (North Yorkshire case.) 

5. The defendant was trying to enter a store which he was banned from and he was racially abusive towards the security guard.  He pleaded guilty at the first hearing in the Magistrates’ court to using racially aggravated threatening, abusive or insulting words or behaviour in public with the intent to cause someone present to fear the use of immediate unlawful violence.  He was sentenced to eight weeks’ imprisonment, uplifted from a Community Order, and ordered to pay £100 compensation (South Yorkshire case.) 

6. The defendant was staying in a hotel, but was asked to leave as he attempted to take other people into his room.  He was racially abusive towards the hotel staff and was found guilty after a trial in the Magistrates’ Court to behaving in public in a way that someone present may be caused harassment, alarm or distress by that behaviour.  He was sentenced to a 12 month Community Order with 20 Rehabilitative Activity Requirement days, uplifted from 15 days.  He was ordered to pay £500 court costs and compensation of £100 (West Yorkshire case.)

Homophobic hate crime cases:

1. The defendant was asked to leave a public house as she was intoxicated.  She made homophobic remarks to the bar staff and assaulted them.  When she left the pub, she reversed her car into a wall.  She pleaded guilty at the first hearing in the Magistrates Court to two charges of assault by beating and driving whilst unfit through drink. She was sentenced to a 12 month Community Order with 20 Rehabilitative Activity Requirement days.  She was also sentenced to 120 hours alcohol abstinence, uplifted from 90 days and disqualified from driving for three years.  She was also ordered to pay £150 compensation to each of the victims and £85 court costs and £95 victim surcharge (Humberside case.) 

Read more information on how the CPS prosecutes hate crimes.