Hate Crimes

Question 1

what is a hate crime

Answer 1

• Crime motivated by malice and ill-will towards a social group
• Motivated by hatred or prejudice towards particular features of the victim’s identity
• Involves acts of violence and intimidation, usually directed towards already stigmatized and marginalized groups

Question 2

Characteristics of Hate Crime

Answer 2

• 1/3 of hate crime in Scotland involved a victim who experienced an incident at their place of work or whilst undertaking duties as part of their occupation
• 2/3 of hate crime victims and ¾ of perpetrators were male
• In 50% of the crimes, the victim didn’t know the perpetrator
• Occur in a range of settings

Question 3

what were the five protected characteristics in The Equality Act 2010

Answer 3

• Race
• Religion
• Sexual orientation
• Transgender identity
• Disability

Question 4

explain the case of R v EL-Faisal (2004) EWCA Crim 456 and what sections apply

Answer 4

• Made audiotapes containing inflamamatory material
• S18(1) offence and S21(1)

Question 5

what is S18(1) offence

Answer 5

using threatening, abusive or insulting words or behavior with intent to stir up racial hatred

Question 6

what is S21(1) offence

Answer 6

distributing threatening, abusive or insulting recordings of sound with intent to stir up racial hatred

Question 7

explain the case of explain Wilson v PF 2005 HCJAC 97 and what sections apply

Answer 7

• Distributing political leaflets on behalf of the BNP
• S19(1)(a)

Question 8

what is the S19(1)(a) offence

Answer 8

distributing written material likely to create racial hatred

Question 9

S.50A Criminal Law Act 1995:

Answer 9

Conduct that constitutes racially-aggravated harassment

Question 10

case facts for Anderson v Griffiths 2005

Answer 10

Stated that the accused didn’t act in a racially aggravated manner by using the term ‘asylum seeker’ as there was no evidence that remarks were targeted at a racial group

Question 11

case facts for Martin v Bott 2005

Answer 11

• Accused charged with acting in a racially aggravated manner by shouting as a spectator at a football match
• Not established that the person against whom the racially aggravated conduct was directed was affected
• Racially aggravated breach of the peace charge substituted for s.50 charge

Question 12

case facts for Mclntyre v HMA 2005

Answer 12

• verbal harassment
• Telephone calls over 21 months involving racial remarks and threats of violence

Question 13

case facts for Donnachie v PF 2012

Answer 13

• sincere and genuine belief in political views was no excuse
• Comments motivated by political views was no excuse
• Behavior caused alarm and distress

Question 14

what is stated in S96 Crime and Disorder Act 1998

Answer 14

certain listed offences can be racially or religiously aggravated, e.g. a person commits a crime and in doing so demonstrates, or is motivated by hostility on the grounds of race/ religion, that offence becomes a separate and additional aggravated offence

Question 15

case example for S96 Crime and Disorder Act 1998

Answer 15

Dyer v Hutchison 2006

Question 16

what were the proposals to widen the scope to in the Independent Review of Hate Crime Legislation in Scotland 2018

Answer 16

• Any crime motivated by Gender
• Any crime motivated by Age
• Online Hate Crime

Question 17

what is the Hate Crime and Public Order Act 2012

Answer 17

• legislation will modernise, consolidate and extend existing hate crime law ensuring it is fit for the 21st century
• act brings together the aggravation of offences by prejudice in relation to seven characteristics in one place and clarifies the consequences of an aggravation

Question 18

what was established in Section 3; Racially aggravated harassment

Answer 18

Widens the offence of ‘stirring up’ hatred, which before applied only in relation to racial hatred, to stirring up hatred defined by refrence to the seven protected characteristics

Question 19

explain Section 4; Offences of Stirring up hatred

Answer 19

• Previoulsy applied only in relation to racial hatred but now proscribes to stirring up hatred against persons possessing any of the seven protected characteristics
• Can be against both an individual or a group

Question 20

what are the statutory defences under S4(4) and s4(5)

Answer 20

he behavior, or communication, of the material was, in the particular circumstances, ‘reasonable’