CPS North East - Hate Crime Sentence Uplifts - July 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 Study 1: Racist Hate Crime
The defendant has subjected another member of public to unprovoked racial abuse whilst both were customers in a post office. The defendant pleaded guilty and his sentence would have been a high-level community order, but was uplifted due to racially aggravated element to 18 weeks’ imprisonment that was suspended for twelve months. The defendant was also made subject to a twelve-month community order and order to pay compensation of £100 and court costs of £300.
Case Study 2: Homophobic & Transphobic Hate Crime
The defendant was charged with a harassment without violence in which she has made both homophobic and transphobic comments towards her neighbour. The defendant pleaded guilty and was sentenced to:
Twelve-month community orderCosts of £190, which were increased to £270 due to hate crime element.
An indefinite restraining order preventing her from contacting directly or indirectly the IP
Case Study 3: Racist Hate Crime
Defendant was arrested for an unrelated matter and during his arrest has subjected the police officer to racist abuse. The defendant pleaded guilty and received a twelve -month community order, uplifted from nine months due to hate crime element. He was also ordered to pay court costs and compensation to the officer.
Case Study 4: Racist Hate Crime
The defendant was charged with a malicious communication offence after sending messages on the social media platform, WhatsApp, which included making offensive comments about the victim’s disability and race. The defendant was to receive a band B fine, but this was uplifted by two bands to a band D fine. The defendant was ordered to pay a total of £785 for this offence.