CPS North East - Hate Crime Sentence Uplifts - January 2023

Under hate crime legislation the courts must pass increased sentences where prosecutors show evidence that offences either demonstrate or have been motivated by hostility towards a person’s race, religion, disability, transgender identity or sexuality. Below are examples of hate crime cases recently prosecuted by CPS North East, each of which resulted in a conviction and an uplifted sentence.

Case 1: Transphobic Hate Crime

The defendant was charged with transphobic comments towards the complainant, who identifies as a trans male. For this offence the defendant would have received a custodial sentence of nine weeks, but this was uplifted to 18 weeks due to the transphobic element. This sentence was to run concurrently with a 48-week custodial sentence he received for a separate offence on the same file.

Case 2: Religious Hate Crime

The defendant was charged with religiously aggravated hate crime for abusing a Muslim shop keeper. The defendant would have received an eight-month community order but, due to the hate crime element, this was increased to a 12-month community order.

Case 3: Racist Hate Crime

The defendant subjected his neighbour to racial abuse. The defendant would have received a fine had the offence not been racially aggravated. As a result of the racial abuse the sentence was uplifted to a twelve-month community order, a twelve-month restraining order preventing him from contacting the victim and an order to pay compensation to the injured party.

Case 4: Homophobic Hate Crime

The defendant was arrested for a public order offence during a night out. Upon arrest he made a number of homophobic comments towards a gay police officer. The defendant would have received a sentence of two weeks' immediate custody, but due to the hate crime element, this was doubled to four weeks' immediate custody.

Case 5: Racist Hate Crime    

The defendant was arrested by the police and, upon being escorted to the police van, subjected the police officer to racial abuse. The defendant received a custodial sentence of six weeks (this would have been four weeks, but for the racial element) which was suspended for twelve months. The defendant was also ordered to pay compensation to the officer.