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Q643: What is a hate crime or hate incident?


Answer

The definition of a hate crime is:

Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity (Crown Prosecution Service).

The definition of a hate incident is:

Any non-crime incident 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 (College of Policing).

To list, hate crimes and hate incidents are based or motivated by:

  • race or ethnicity
  • religion or belief
  • sexual orientation
  • disability
  • transgender identity

For example, a person is beaten up and whilst being attacked the offender makes offensive comments about that person's believed race or ethnicity / sexual orientation/religion or belief/disability, or transgender identity.

A hate crime also takes place when the crime is motivated by the offender's incorrect beliefs. For example, a person is beaten up and comments are incorrectly made about that person's assumed race or ethnicity / sexual orientation/religion or belief/disability, or transgender identity.

Other personal characteristics may be the reasoning behind certain incidents such as age and particular subcultures (e.g. Goths, Emos ), however, these are not considered hate crimes in law. Offences of this nature may still be prosecuted but not specifically as hate crimes. Specific legislation allows the courts to impose tougher sentences on offenders that carry out hate crimes.

Police take reports of these incidents very seriously and if you feel you have been the victim of a hate crime you should report the matter to your local police force. Reports can also be made online via True Vision who in turn report it to the police on your behalf, should you not wish to report it directly.

For further information please see the links in related information.

Related questions


Answer

If an incident reported to the police requires the police to attend or if there are viable lines of enquiry, an officer will be assigned to the case and you will be given a reference number. Please make a note of this number as you will need to quote it in further communication with the police about the matter.

The way the police investigate a matter can vary depending on the nature of the crime and the unique circumstances. All reports of crime are taken seriously and investigated with impartiality.
Information of crimes and incidents reported to the police are utilised by local forces to direct their resources to help in the detection and prevention of crime.

If an incident reported to the police is deemed to have has no further lines of enquiry and they are unable to take any further action, you will be informed of this and the reasons for their decision.

When you report a crime to the police, they will automatically ask you if you would like help from Victim Support. Anyone affected by crime can contact Victim Support directly, even if you do not report the matter to the police or the police are unable to take further action. Please see Related Information for their contact details.


Answer

A child (anyone under 18 years of age) is deemed 'vulnerable' and is eligible for Special Measures to assist them to give their evidence in court. One such Special Measure, is the opportunity to have their interview video recorded. The interview takes place in a designated room and is recorded by an operator trained in the use of the video recording equipment. The purpose of recording the interview in this way, is, should the Court deem the video to be acceptable, it may then be produced as evidence-in-chief for the prosecution case (this is instead of the child having to attend court in person to answer questions).

The officer in the case will provide the details on the location of the interview, the rooms to be used and the persons to be present and of their roles. Interview supporters (for example parents or carers) may be present either in an adjacent room or in the interview room. Please be aware that in some instances, the officer may consider that the presence of a parent/carer is not necessary/required. One such example is when the parent/carer is also a witness in the case (perhaps being the first person the child has talked to). In such a case, the parent being present at the interview and hearing the full disclosure of the child could potentially be damaging to the case as a whole and therefore it is best that they do not attend. A further example may be where a child has told the officers that he/she did not wish for his parent/carer to be present.

In each case, ultimately it will be at the officer's discretion as to whether an interview supporter (parent/carer) is to be present at the interview. They will base this on all the circumstances of the case. If you have any queries in relation to the video interview procedure, the officer in the case should be able to assist.

For further information and support services, see the links in Related Information.


Answer

A disability should not prevent a person's ability to report a crime. Due to the variety of special needs/mental health issues that people experience, forces often provide specialist training for police officers.

When a case is reported involving an individual with special needs or mental health issues, every effort will be made to ensure that they are treated fairly and sensitively and the evidence that they offer is obtained in a manner that allows it to be used in future criminal proceedings. If, for example, communication aids are needed by an individual these will be provided to enable them to make their disclosure. Likewise, the force will endeavour to cater for any other specific needs.


Answer

If you have encountered an incident that was motivated by who you are or who someone thinks you are, you may have been a victim of a hate crime/incident.

For example, a person is beaten up and whilst being attacked the offender makes offensive comments about the person's believed race or ethnicity / sexual orientation/religion or belief/disability or transgender identity.

Please see Q643 for definitions of a hate crime/hate incident.

The police take reports of these incidents very seriously and if you feel you have been the victim of a hate crime/incident you should report the matter to your local police force.

Reports can also be made online via True Vision who report it to the police on your behalf, should you not wish to report it directly. For more information, please see the websites in the Related Information.


Answer

Yes, it is an assault. An assault is any act that intentionally or recklessly causes the victim to apprehend immediate and unlawful personal injury or violence. If violence is threatened, there must be the ability to carry out the threat at the time.

In law, an assault does not have to involve physical contact, an assault may involve a threat alone. However, there must be the prospect of the threat being carried out immediately and for the victim to fear that the threat will be carried out immediately. If physical contact is made, the offence is actually a 'battery'.

Most people who describe an assault, are actually describing a battery - see Q479 for more information on this.

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Question

Q643: What is a hate crime or hate incident?


Answer

The definition of a hate crime is:

Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity (Crown Prosecution Service).

The definition of a hate incident is:

Any non-crime incident 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 (College of Policing).

To list, hate crimes and hate incidents are based or motivated by:

  • race or ethnicity
  • religion or belief
  • sexual orientation
  • disability
  • transgender identity

For example, a person is beaten up and whilst being attacked the offender makes offensive comments about that person's believed race or ethnicity / sexual orientation/religion or belief/disability, or transgender identity.

A hate crime also takes place when the crime is motivated by the offender's incorrect beliefs. For example, a person is beaten up and comments are incorrectly made about that person's assumed race or ethnicity / sexual orientation/religion or belief/disability, or transgender identity.

Other personal characteristics may be the reasoning behind certain incidents such as age and particular subcultures (e.g. Goths, Emos ), however, these are not considered hate crimes in law. Offences of this nature may still be prosecuted but not specifically as hate crimes. Specific legislation allows the courts to impose tougher sentences on offenders that carry out hate crimes.

Police take reports of these incidents very seriously and if you feel you have been the victim of a hate crime you should report the matter to your local police force. Reports can also be made online via True Vision who in turn report it to the police on your behalf, should you not wish to report it directly.

For further information please see the links in related information.


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