HATE CRIME

Question 2

What is a hate incident?

Answer 2

A NCHI is an incident / alleged incident which involves / alleged to involve an act by the person which is perceived by a person other than the subject to be motivated - wholly or partly - by hostility or prejudice towards persons with a particular characteristic.

Question 3

What is a NCHI?

Answer 3

Non crime hate incident

Question 4

What is section 28 (1) of the Crime and Disorder Act 1998?

Answer 4

a) At the time of committing the offence, or immediately before or after doing so, the offender demonstrates towards the victim of the offence hostility based on the victims membership of a group e.g. racial/religious

b) The offence is motivated by hostility towards members of a racial or religious group or based on their membership of that group.

Question 5

What does an aggravating offence mean?

Answer 5

• Offence becomes more serious
• greater sentencing powers
• PACE powers come into play (17, 18 & 32)
• Becomes either way.

Question 6

Can you search a property if it is a summary only offence?

Answer 6

No

Question 7

What are the 4 purposes of hate crime laws?

Answer 7

1. Protect groups from violence incited by hate speech and maintenance of public order
2. Protection of vulnerable groups from emotional / psychological harms of hate speech
3. Prevention of the social exclusion and marginalisation of vulnerable groups in society
4. setting parameters for acceptable conduct, thereby fostering social cohesion

Question 8

Are all protected characteristics covered by hate crime legislation?

Answer 8

No

Question 9

What is section 3 of the Football offence act 2003?

Answer 9

It is an offence to engage or take part in chanting of an indecent or racialist nature at a designated football match.

• Doesn’t apply to chanting of a religious nature.

Question 10

What is CHAP?

Answer 10

Way to remember what crimes can be aggravated:

Criminal damage
Harassment
Assault
Public order

Question 11

What does racialist mean?

Answer 11

Including matter which is threatening, abusive, or insulting to a person by reason of his colour, race, nationality (including citizenship), or ethnic or national origins.

Question 12

What is the definition of a racial group?

Answer 12

Section 28 (4) Crime and disorder act 1998

A racial group is a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

Question 13

What is the definition of a religious group?

Answer 13

Section 28 (5) of Crime and Disorder Act 1998

A group of persons defined by reference to religious belief or lack of religious belief