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Consultations on the CPS public policy statements on Crimes against Disabled People, offences involving hostility on the grounds of sexual orientation and gender identity and Racially and Religiously Aggravated Hate Crime

Please note - this consultation is now closed

What are these consultations about?

We are publishing revised public policy statements on offences involving hostility on the grounds of sexual orientation and gender identity and Racially and Religiously Aggravated Hate Crime. We are also publishing the first public policy statement on Crimes Against Disabled People. These statements comprehensively set out how we approach these crimes.

We are publishing these statements because we want victims and witnesses and their families and communities, as well as the general public, to be confident that we understand the serious nature of these crimes. The policy statements acknowledge the damaging and wide ranging effects of racially and religiously aggravated hate crimes, homophobic and transphobic hate crimes and crimes against disabled people on individuals and wider communities.

All of the public policy statements have been developed in partnership with strand-specific National Scrutiny Panels, which consist of members with experience and expertise from a community and academic perspective.

There are three separate public policy statements and therefore three separate consultations.

Consultation on the public policy statement on Crimes Against Disabled People

Consultation on the public policy statement on offences involving hostility on the grounds of sexual orientation and gender identity

Consultation on the public policy statement on Racially and Religiously Aggravated Hate Crime

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Consultation on the public policy statement on Crimes Against Disabled People

The policy statement on crimes against disabled people:

  • Explains the way that the CPS deals with and prosecutes crimes against disabled people, including disability hate crimes;
  • Explains what victims and witnesses can expect from the CPS;
  • Reflects the CPS's understanding that the social model of disability means that the prejudice, discrimination and social exclusion experienced by many disabled people is not the inevitable result of their impairments or medical conditions, but rather stems from specific barriers they experience on a daily basis;
  • Is particularly designed for disabled people and the organisations that support them as victims and witnesses, although it may also be of interest to the general public.

Questions for Consultation

In advance of its finalisation and implementation, we would welcome your views on five specific questions regarding the public policy statement:

  1. Does the section on CPS policy address the key issues in prosecuting crimes against disabled people?
  2. Does the section on Situational risk and "vulnerable victims" reflect and address disabled people's concerns about the misuse of the term "vulnerable" as a label?
  3. Does the section on The social model of disability explain how the CPS applies the model to its own work?
  4. Does the section on Prosecution and sentencing explain clearly that the CPS will apply for an increased sentence in all appropriate cases?
  5. Do you have any further comments on the CPS Policy on Prosecuting Crimes against Disabled People?

Any comments that you have outside these questions are also welcome.

How to Respond

It would be helpful if you could give your feedback using the CPS Policy on Prosecuting Crimes against Disabled People response form from this website for ease of analysis.

Please return your completed feedback to DHC.consultation@cps.gsi.gov.uk by midnight on 9 January 2017.

If you are replying by email, we would be grateful if you would not attach any other documents to the consultation response form document. There are limits on the size of documents that we are able to accept and any completed response form document which has an attachment runs the risk of not being delivered. If you wish to send an attachment to us, or raise any queries that you have on the consultation, these can be submitted separately to the same e-mail address shown above.

We would prefer electronic submissions if possible but, if you would rather submit your feedback in hard copy it can be returned, by the same date, to:

Christine Pember
Crimes against Disabled People Consultation
Crown Prosecution Service
9th Floor North
Rose Court
Southwark Bridge Road
LONDON SE1 9HS

Please include your name, organisation (if applicable), postal address, telephone number and email address in any response.

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Consultation on the public policy statement on offences involving hostility on the grounds of sexual orientation and gender identity

The policy statement on offences involving hostility on the grounds of sexual orientation and gender identity:

  • Explains that, although the legal framework is yet to acknowledge the rights of gender nonconforming people, the CPS understands individuals may identify as gender nonconforming or gender variant;
  • Acknowledges that the CPS understands victims may be reluctant to come forward through intimidation or fear of outing;
  • Is particularly designed for LGBT individuals and the organisations that support them as victims and witnesses, although it may also be of interest to the general public.

Questions for Consultation

In advance of its finalisation and implementation, we would welcome your views on the five specific questions regarding the public policy statement:

  1. Does the section on "CPS policy" address the key issues in prosecuting homophobic, biphobic and transphobic crime?
  2. Does the section on "Crimes involving hostility towards sexual orientation and gender identity" clearly set out the key definitions and law relevant to the prosecution of these crimes?
  3. Does the section on "Communities affected by hate crime" clearly set out the CPS understanding of the individuals and communities affected?
  4. Does the section on "Offending Behaviour" clearly set out the CPS understanding of offending behaviour?
  5. Do you have any further comments on the CPS Policy on offences involving hostility on the grounds of sexual orientation and gender identity?

Any comments that you have outside these questions are also welcome.

How to Respond

It would be helpful if you could give your feedback using the CPS policy on offences involving hostility on the grounds of sexual orientation and gender identity response document for ease of analysis.

Please return your completed feedback to HT.consultation@cps.gsi.gov.uk by midnight on 9 January 2017.

If you are replying by email, we would be grateful if you would not attach any other documents to the consultation response form document. There are limits on the size of documents that we are able to accept and any completed response form document which has an attachment runs the risk of not being delivered. If you wish to send an attachment to us, or raise any queries that you have on the consultation, these can be submitted separately to the same e-mail address shown above.

We would prefer electronic submissions if possible but, if you would rather submit your feedback in hard copy it can be returned, by the same date, to:

Robert Brall
Homophobic and Transphobic Hate Crime Consultation
Crown Prosecution Service
9th Floor North
Rose Court
Southwark Bridge Road
LONDON SE1 9HS

Please include your name, organisation (if applicable), postal address, telephone number and email address in any response.

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Consultation on the public policy statement on Racially and Religiously Aggravated Hate Crime

The policy statement on racially and religiously aggravated hate crime:

  • Explains the way that the CPS deals with and prosecutes racially and religiously aggravated hate crimes;
  • Explains what victims and witnesses can expect from the CPS;
  • Acknowledges the evolving nature of hostility against a background of domestic and international extremism;
  • Acknowledges the evolving language and terms of reference influenced by world events;
  • Is particularly designed for individuals who may have experienced racially or religiously aggravated hate crime and the organisations that support them as victims and witnesses, although it may also be of interest to the general public.

Questions for Consultation

In advance of its finalisation and implementation, we would welcome your views on the five specific questions regarding the public policy statement:

  1. Does the section on CPS policy address the key issues in prosecuting racially and religiously aggravated crime?
  2. Does the section on "Crimes involving hostility on the basis of race or religion" clearly set out the key definitions and law relevant to the prosecution of these crimes?
  3. Does the section on "Communities affected by hate crime" clearly set out the CPS understanding of the individuals and communities affected?
  4. Does the section on "Offending Behaviour" explain clearly set out the CPS understanding of offending behaviour?
  5. Do you have any further comments on the CPS Policy on Prosecuting Racially and Religiously Aggravated Offences?

Any comments that you have outside these questions are also welcome.

How to Respond

It would be helpful if you could give your feedback using the Racially and Religiously Aggravated Hate Crime Consultation response form for ease of analysis.

Please return your completed feedback to RR.consultation@cps.gsi.gov.uk by midnight on 9 January 2017.

If you are replying by email, we would be grateful if you would not attach any other documents to the consultation response form document. There are limits on the size of documents that we are able to accept and any completed response form document which has an attachment runs the risk of not being delivered. If you wish to send an attachment to us, or raise any queries that you have on the consultation, these can be submitted separately to the same e-mail address shown above.

We would prefer electronic submissions if possible but, if you would rather submit your feedback in hard copy it can be returned, by the same date, to:

Robert Brall
Racially and Religiously Aggravated Hate Crime Consultation
Crown Prosecution Service
Library

3rd Floor
Rose Court
Southwark Bridge Road
LONDON SE1 9HS

Please include your name, organisation (if applicable), postal address, telephone number and email address in any response.

Welsh language documents/dogfennau yn yr iaith Gymraeg

Ymgynghoriadau ar ddatganiadau polisi cyhoeddus y CPS ar Droseddau yn erbyn Pobl Anabl, troseddau sy’n ymwneud â gelyniaeth ar sail cyfeiriadedd rhywiol a hunaniaeth ryweddol a Throseddau wedi eu gwaethygu gan Hiliaeth a Chrefydd

Lawrlwytho'r ymgynghoriadau ar ddatganiadau polisi cyhoeddus y CPS ar Droseddau yn erbyn Pobl Anabl, troseddau sy’n ymwneud â gelyniaeth ar sail cyfeiriadedd rhywiol a hunaniaeth ryweddol a Throseddau wedi eu gwaethygu gan Hiliaeth a Chrefydd - yn y Gymraeg, dogfen PDF - 41kb

Yn cynnwys cysylltiadau i cyfieithiadau Cymraeg o bob ymgynghoriad ac ymateb ffurflenni.

Alternative formats

If you require a copy of the consultation papers in any other format, for example, large print or Braille, please contact the e-mail or postal addresses above.

Next steps

After the consultation closing date, we will consider every individual response received. A summary of the consultation responses will be published on the CPS website in accordance with the Government's guidelines.

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Government Consultation Principles

The Consultation Principles 2016 are available from the Cabinet Office website (opens in new window).

Responses: Confidentiality and disclaimer

The information you send us may be passed to colleagues within the CPS, the Government or related agencies.

Furthermore, information provided in response to this consultation, including personal information, may be published or disclosed in accordance with the access to information legislation including the Freedom of Information Act 2000 (FOIA).

If you want the information that you provide to be treated as confidential, please be aware that, under FOIA, there is a statutory Code of Practice with which public authorities must comply and which deals, amongst other things, with obligations of confidence. In view of this it would be helpful if you could briefly explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances.

An automatic confidentiality disclaimer generated by your IT system will not be regarded as binding on the CPS.

Please ensure your response is marked clearly if you wish your response and name to be kept confidential. Confidential responses will be included in any statistical summary of numbers of comments received and views expressed. The CPS will process your personal data in accordance with the Data Protection Act 1998 - in the majority of circumstances this will mean that your personal data will not be disclosed to third parties.

We look forward to receiving your feedback.

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