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Summary criminal law hate crime notes
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Hate crimesLearning outcomes and content warning
Learn available legislative tools that are in force to combat hate crimes in England
and Wales
Identify different range of laws that apply to different protected characteristics
Ability to apply the law to the offences accompanied by hate, hostility towards racial,
religious, groups, disability, sexual orientation and transgender identity.
Mini Scenarios
Adam owns shirts, jumpers and boxer shorts emblazoned with Nazi swastikas. He
also possesses stickers written ‘Diversity Is White Genocide’, ‘Multiculturalism Is
Genocide’, ‘White Power Combat 18 in the Area’ on them.
Walter runs an ethic clothing business and wore one of the ethnic clothing from
Latin America to advertise his business. Nathasha kicked him causing actual bodily
harm on Walter. Witnesses heard Nathasha saying ‘bloody foreigner get out of my
way’
Walter has a wheelchair business. He is not disabled. One day he was trying one of
the new wheelchairs in front of his shop. Nathan hit the wheelchair causing Walter
to fall down and hurt his elbow. Witnesses heard Nathan shouting ‘disabled should
stay home, they slow down the society’
What are hate crimes
General Description:
Hate crimes are criminal acts motivated by bias or prejudice towards particular groups of
people.
Hate Speech: Words and acts which do not amount to a criminal offence without the
element of hatred.
Justification of hate crimes
Human rights and equality
Effect on victim
Community impact
Security issues
Why do we need hate crimes? Theoretical reasons?
Symbolic value
Harm theory
Greater culpability theory
Models for hate crime legislation
, England and Wales hate crime laws
1. Aggravated offences under S28 the crime and disorder act 1998 (race and religion)
2. Enhanced sentencing provision under the Criminal justice act 2003 (race, religion,
sexual orientation, disability or transgender)
3. Offences of stirring up hatred under the public order act 1986 (race, religion and
sexual orientation)
1. Aggravated offences S28 the crime and disorder act 1998
Base offence (29-32 CDA 1998)
+ Racial and religious hostility (motivated or demonstrated)
= aggravated offence (28 CDA 1998)
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