CPS North East - Successful Hate Crime Prosecutions - December 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 - Race Hate Crime
The defendant attended a supermarket and was racially abusive to a staff member by telling her she did not belong in his country. The defendant pleaded guilty and was given a sentence of nine weeks’ imprisonment, suspended for twelve months. The sentence would have been one of six weeks but was uplifted by a further three weeks due to the racial hate crime.
Case 2 - Homophobic hate crime
The suspect lives in assisted accommodation and has kicked out at one of his care workers and made homophobic comments towards her. The defendant was given a two-year community order and asked to complete 30 rehabilitation days during this period. He would have been asked to complete 20 rehabilitation days, but this was uplifted by ten days to reflect the homophobic hate crime.
Case 3 - Race Hate Crime
The suspect was arrested for an unrelated matter and, while in custody, has assaulted two officers and racially abused another before damaging the police cell. The defendant received an 18-month community order, which was uplifted from 12 months due to racially aggravated element and the fact that the assaults were towards officers. He was also order to pay £200 in compensation and £200 in costs.
Case 4 - Homophobic hate crime
Defendant was arrested for an unrelated matter and placed in a police van. He then caused damage to the police van and aimed homophobic abuse at the police officer. The defendant was given a 12-month community order and order to complete 35 rehabilitation days. This would have been 25 rehabilitation days had it not been for the homophobic abuse. The defendant was also ordered to pay compensation in the sum of £550 towards the damage and the officer.