What is hate crime?

Defining Hate Crime

“Any criminal offence which is perceived by the victim or any other person, to be motivated by a hostility or prejudice based on a person’s

  • Race or perceived race;
  • Religion or perceived religion;
  • Sexual Orientation or perceived sexual orientation;
  • Disability or perceived disability
  • Transgender or perceived to be transgender.”

The Law

Hate Crime is considered under:
Section 145 and 146 Criminal Justice Act 2003

The Court should decide on the appropriate level of sentence for the crime and then apply an uplift sentence to reflect the hate element

The Law does not set out the specific level of uplift that should be applied
Examples:
Increasing a Fine from £100 to £150
Increasing a Custodial Sentence from 2 years to 3 years