Keith Mack
Hate crimes are acts of violence or hostility directed at people because of their identity. Hate crimes in the UK have developed in various phases over the past two decades, and the law currently recognizes five protected characteristics: race, religion, disability, sexual orientation, and transgender identity. Hate crimes are treated more seriously than other crimes, and the penalties for hate speech include fines, imprisonment, or both. The UK's hate crime laws are found in several statutes, including the Public Order Act 1986, the Crime and Disorder Act 1998, and the Crime and Courts Act 2013.
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What You'll Learn
Hate crime laws in England and Wales
The Police and the Crown Prosecution Service (CPS) have agreed on the following definition for identifying and flagging hate crimes: "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; religion or perceived religion; sexual orientation or perceived sexual orientation; or transgender identity or perceived transgender identity." It is important to note that there is no legal definition of "hostility", so the everyday understanding of the word is used, which includes ill-will, spite, contempt, prejudice, unfriendliness, antagonism, resentment, and dislike.
Hate crimes can be reported by calling the police on 999 if the crime is in progress or someone is in immediate danger. If it is not an emergency, the non-emergency number 101 can be called, or an online form can be filled out at report-it.org.uk. There are also various organisations that offer support to victims and witnesses of hate crimes, including charities that can assist with reporting the crime.
Hate speech laws in England and Wales are found in several statutes. Expressions of hatred toward someone based on their colour, race, sex, disability, nationality (including citizenship), ethnic or national origin, religion, or sexual orientation are forbidden. Any communication that is threatening or abusive and is intended to harass, alarm, or distress someone is also prohibited. Hate incidents, which are perceived to be motivated by hostility or prejudice based on disability, race, religion, gender identity, or sexual orientation, become hate crimes if they cross the boundary of criminality. The penalties for hate speech include fines, imprisonment, or both.
The Law Commission has made several recommendations to improve hate crime legislation. They have suggested that "sex or gender" should not be added to the protected characteristics for aggravated offences, as it would be ineffective at protecting women and girls and could be counterproductive in certain contexts. However, they have recommended extending the offence of stirring up hatred to cover grounds of sex or gender, which would help tackle extremist misogynistic ideologies. The Commission has also recommended that across the various hate crime laws, all protected characteristics should be treated equally, providing greater protection for victims of disability and LGBT+ hate crimes.
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Hate crime laws in Scotland
Hate crime laws in the United Kingdom are found in several statutes, and the laws adopted in Scotland differ slightly from those in England and Wales. The Hate Crime and Public Order (Scotland) Act 2021, which came into force on 1 April 2024, is an example of this.
The Act was introduced following an independent review of Scotland's hate crime legislation, led by Lord Bracadale. The review recommended the consolidation of all hate crime laws into one bill. The Act has been criticised for potentially stifling freedom of speech and for its stance on gender identity. However, supporters argue that it protects freedom of expression while guarding against hatred. The Act also lists age as a characteristic, which is a positive development according to Age Scotland.
In Scotland, hate speech is defined as any expression of hatred toward someone based on their colour, race, sex, disability, nationality, ethnic or national origin, religion, or sexual orientation. It includes any threatening, abusive, or insulting communication intended to harass, alarm, or distress someone. The penalties for hate speech can include fines, imprisonment, or both.
The Police and CPS have formulated a definition of hate crimes, which includes any criminal offence perceived to be motivated by hostility or prejudice based on disability, race, religion, gender identity, or sexual orientation. This definition is used to identify and flag hate crimes.
While the Scottish Government has taken steps to address hate crimes, there have been concerns about the lack of protection for women and girls in hate crime laws. As a result, the government has announced plans to add "sex" as a protected characteristic to the Hate Crime and Public Order (Scotland) Act 2021, ensuring that women and girls have the same protections as other groups.
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Protected characteristics
Hate crime laws in England and Wales recognize five protected characteristics. These are: disability, race, religion, sexual orientation, and transgender identity. The police and the Crown Prosecution Service (CPS) use the following definition to identify and flag hate crimes:
> 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.
There is no legal definition of hostility, so the everyday understanding of the word is used, which includes ill-will, spite, contempt, prejudice, unfriendliness, antagonism, resentment, and dislike.
In Scotland, the Hate Crime and Public Order (Scotland) Act 2021 came into force on 1 April 2024. This act prohibits expressions of hatred toward a group based on their colour, race, nationality (including citizenship), or ethnic or national origins.
Some police forces also record hate incidents based on other characteristics such as age, alternative subculture, gender-based violence, and even characteristics such as weight and hair colour.
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Hierarchy of protection
Hate crime laws in England and Wales recognize five protected characteristics: disability, transgender identity, race, religion, and sexual orientation. However, these characteristics are not treated equally under the law, creating a hierarchy of protection. For instance, aggravated offences only apply to racial and religious hostility, while stirring-up offences exclude disability and transgender identity. This disparity is perceived as unjust, sending a negative message to victims of hate crimes based on disability, sexual orientation, and transgender identity.
The Law Commission has recommended that all protected characteristics be treated equally across various hate crime laws, including aggravated and stirring-up offences. This would significantly enhance protection for victims of disability and LGBT+ hate crimes. Additionally, the Commission has proposed legal reforms to better prosecute exploitative forms of disability hate crimes that lack overt "hostile" features.
In the context of aggravated offences, the Law Commission advised against including "sex or gender" as a protected characteristic. This decision was made due to concerns about potential counterproductivity and ineffectiveness in protecting women and girls. For example, in cases of rape and domestic abuse, it could complicate prosecutions and create hierarchies of victims. However, the Commission has suggested other measures to improve protection, such as extending the offence of stirring up hatred to cover sex or gender.
To address freedom of expression concerns, the Commission has coupled extensions to hate crime legislation with reforms to hate speech laws. These reforms ensure that only the most egregious hate speech is criminalized. Recommendations include explicit protection for "gender-critical" views, criticism of foreign governments, discussions of cultural practices, and immigration, asylum, and citizenship policy. Additionally, protection is advised for "neutral reporting" of inflammatory hate speech by third parties.
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Hate incidents
In the United Kingdom, hate incidents are defined by the police and the Crown Prosecution Service (CPS) as any act perceived by the victim or others as being motivated by hostility or prejudice based on specific characteristics. These characteristics include disability, race, religion, gender identity, or sexual orientation. The definition aims to encompass the everyday understanding of "hostility," including ill-will, spite, contempt, prejudice, unfriendliness, antagonism, resentment, and dislike.
The distinction between hate incidents and hate crimes is important. Hate incidents become hate crimes when they involve criminal offences. For example, aggravated offences in the Crime and Disorder Act 1998 cover race and religion, mirroring non-hate crime offences like assault, criminal damage, public order offences, or harassment but carry higher maximum sentences. Stirring up offences in the Public Order Act 1986 address conduct or material that is threatening and intended to incite hatred against individuals or groups based on their sexual orientation, race, or religion.
To address the complexities and challenges in prosecuting hate crimes, particularly those related to disability, the Law Commission has made several recommendations. These include treating all protected characteristics equally across various hate crime laws and extending the offence of stirring up hatred to cover sex or gender. These changes aim to enhance protection for victims and simplify the legal framework.
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Frequently asked questions
Hate crimes are acts of violence or hostility directed at people because of their identity. This includes their race, religion, disability, sexual orientation, and/or transgender identity.
Hate crimes can include assault, criminal damage, public order offences, or harassment. For example, if someone shouted abuse at you from their car because of your race, this would be considered a hate crime.
You can report a hate crime by calling the police on 101 or filling out an online form at report-it.org.uk. You can also get help and support from a hate crime support service, even if you don't want to report the incident.
The penalties for hate crimes are more severe than for non-hate crimes. They can include fines, imprisonment, or both.
