Hate Crime – What is it?

Seamus Carroll Senior Community OfficerDerbyshire County Council

Updated June 2015

Distinction between a Hate Incident and a Hate Crime

A Hate Incident is defined as:Any non-crime incident which is perceived by the victim orany other person, to be motivated by a hostility or prejudicebased on a person’s• race or perceived race• religion or perceived religion• sexual orientation or perceived sexual orientation• disability or perceived disability• Gender identity i.e. who is transgender or perceived to be

transgender

Source - College of Policing 2014

Distinction between a Hate Incident and a Hate Crime

A Hate Crime is defined as: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• Gender identity i.e. who is transgender or perceived to be

transgender

Source - College of Policing 2014

Criminal Justice Act 2003• Section 145 of the Criminal Justice Act 2003• This section allows for an increase in sentencing if the offence was

religiously or racially aggravated• Section 146 of the Criminal Justice Act 2003• This section allows for an increase in sentencing for aggravation

relating to disability or sexual orientation• Legal Aid, Sentencing and Punishment of Offenders Act 2012

has amended the Criminal Justice Act 2003 to include so that murders motivated by hatred or hostility towards disabled or transgender victims also have a sentencing starting point of 30 years