CPS Yorkshire and Humberside - Hate crime sentence uplift examples, cases finalised October 2024

Under the hate crime legislation, courts must treat offences more seriously where there is evidence that the offender demonstrated hostility on the basis of the victim’s actual or presumed race, religion, disability, transgender identity or sexual orientation, or the offence was motivated on the basis of hostility towards one of these characteristics.

Below are some examples of hate crime cases prosecuted by CPS Yorkshire and Humberside in October 2024 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases

1.    After being escorted to an NHS inpatient facility by the police, the defendant was reported to have threatened staff members with a smashed glass bottle. The defendant was heavily intoxicated and had been abusive and insulted staff members, which included racial abuse. He pleaded guilty at the magistrates' court to two charges of racially aggravated intentional harassment and one charge of threatening, abusive, insulting words, and behaviour with intent to cause fear of unlawful violence. He was sentenced to 120 days Alcohol Abstinence Management scheme, uplifted from 90 days, for racial aggravation. The sentence also included a 12-month community order, a 10-day Rehabilitative Activity Requirement, £114 victim surcharge and £85 in costs.

2.    The defendant had harassed his neighbour by shouting racist remarks and banging on the connecting walls of the property multiple times over a year, which caused the victim and her family distress. He pleaded guilty at the magistrates' court to racially aggravated harassment without violence. He was sentenced to Suspended Sentence Order of 10 weeks' custody, suspended 12 months, uplifted from community order. The sentence also included £154 victim surcharge and £85 in costs.

3.    Police were called to a pub after reports of the defendant being aggressive and using racist language towards staff and customers. After the staff asked her to leave, she assaulted the staff by shoving them. She pleaded guilty at the magistrates’ court to racially aggravated harassment. She was sentenced to a £400 fine, uplifted from £300, for racial aggravation. The sentence also included £112 victim surcharge and £85 in costs.

4.    The defendant was reported to have shouted racist abuse at two football matches. He pleaded guilty at the magistrates' court to two charges of racially aggravated intentional harassment. He was sentenced a 12-month community order. This requires 200 hours of unpaid work, uplifted from 150 hours, for racial aggravation. The sentence also included £114 victim surcharge and £85 in costs and a 3-year football banning order was imposed.

5.    At the mental health service facility where the defendant resided, he was racially abusive to staff on two separate occasions. He had also set fire to the victim's shirt and damaged the passenger side of his vehicle. It was reported that the defendant was alcohol dependent. The defendant pleaded guilty at the magistrates' court to two counts of racially aggravated intentional harassment and one count of criminal damage to property. He was sentenced to 30 Rehabilitative Activity Requirement days, uplifted from 20 days to reflect racial aggravation to emergency worker. The sentence also included a 12 month community order, 6 months of Alcohol Treatment Requirement, £114 statutory charge and £85 in costs to be deducted from benefits.

6.    The defendant was walking his dog when he made racial remarks to the victim. He was not arrested at the scene, but it is reported that he had displayed similar behaviour in the past. He pleaded guilty to racially aggravated intentional harassment at the magistrates' court. He was sentenced to a £120 fine, this was uplifted to a higher band to reflect racial aggravation. The sentence also included £48 victim surcharge and £85 in costs.

7.    After being asked to leave a coach station three times, the defendant became aggressive and threatened to hit the victim with his walking stick. It is reported that he also shouted racial remarks at the staff. He pleaded guilty at the magistrates' court to racially aggravated harassment. He was sentenced to a band A fine, which has been up lifted to a band B fine for racial aggravation. The sentence also included a fine of £440, surcharge of £167 and £650 in costs.

Homophobic hate crime cases

1.    The defendant lived upstairs from the victim and has harassed the victim on various occasions, which include general disruptive behaviour. After the defendant moved out of his property, he was further reported to have shouted homophobic slurs at the victim outside the communal door and flat door. The defendant shouted homophobic threats and abuse at the victim whilst walking down the same road at a later date. He pleaded guilty at the magistrates' court to one count of harassment without violence and one count of fail to surrender to court at the appointed time. He was sentenced to a 12-month community order plus 130 hours work, this was uplifted from 80 hours to reflect the homophobic aggravation. The sentence also included a 12-month restraining order, £100 fine for fail to surrender to court, £114 victim surcharge and £85 in costs.

2.    After a football match where one of the players sustained an injury to his lip, the defendant posted on Twitter/X a homophobic slur aimed at the player. He pledged guilty to one count of send by public communication network an offensive message at the magistrates’ court. He was sentenced to a 12 month community order, which includes five Rehabilitative Activity Requirement days and 60 hours of unpaid work, uplifted from 40 hours for homophobic aggravation. The sentence also included £114 victim surcharge and £85 in costs.

Disability hate crime cases

1.    Whilst waiting at the bus stop outside the victim’s address on the opposite side of the road, the defendant shouted abuse relating to the victim’s disability. She further threatened the victim when he contacted the police and made threats to damage his property. The verbal abuse occurred on a further two occasions dating back to September 2023 when the victim was sat on a bench near his home address. She pleaded guilty to one count of use threatening, abusive, insulting words to cause harassment and distress. She was sentenced to a 12-month Community Order, which includes 20 Rehabilitative Activity Requirement days and a 12- month mental health treatment, uplifted from 9 months to reflect disability hate crime element. The sentence also included 40 hours of unpaid work, £114 victim surcharge and £85 in costs.