HATE CRIME
"Hate crime" is generally understood to be crime
committed out of racial, religious or social prejudice.
Common Law
The courts can take any aggravating factor into account
when sentencing someone found guilty of any offence at
common law.
Statutory Provisions
In recent years, provision has been made in statute in
relation to offences aggravated by racial hatred or
religious prejudice.
Part III of the Public Order Act 1986
introduced offences relating to the incitement of racial
hatred, for which the maximum penalty is an unlimited fine
or seven years' imprisonment.
Section 33 of the Crime and Disorder Act
1998 introduced an offence of racially-aggravated
harassment, for which the maximum penalty is an unlimited
fine or seven years imprisonment.
Section 96 of the Crime and Disorder Act
1998 made provision for offences racially
aggravated, requiring courts to take such aggravations into
account when determining sentence.
Section 74 of the Criminal Justice (Scotland) Act
2003 makes provision for offences aggravated by
religious prejudice, requiring courts to take such
aggravations into account when determining sentence and
also to state the extent of and reasons for any consequent
difference in sentence.
Working Group on Religious Hatred
The last provision mentioned above was enacted following
the
Report of
a Cross-Party Working Group on Possible Legislation to
Tackle Religious Hatred published on 5 December
2002.
Working Group on Hate Crime
The Executive has set up a
working
group on hate crime to look at ways of combating crime
motivated by social prejudice.