CPS North East - Successful Hate Crime Prosecutions - November 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 subjected an enforcement officer to racist abuse after being asked to stop consuming alcohol in a public area, which was a designated alcohol-free zone. The defendant was sentenced for a number of offences before the court and received a total of twelve weeks’ immediate custody. This offence, had it not been for the racial element, would have attached a sentence of a high-level community order but was uplifted to a concurrent prison sentence. The defendant was also made subject to a two-year criminal behaviour order. 

Case Study 2: Homophobic & Racist Hate Crime    

The defendant entered a newsagent’s before making both racist and homophobic comments towards the shopkeeper. Upon arrest, he repeated the racist comment before also subjecting one of the police officers to racist comments. The defendant would have received a community order but, due to the racist and homophobic elements of the crime, the judge imposed a 15-week prison sentence which was suspended for twelve months. The defendant was also made subject to a restraining order preventing him from attending the said newsagent and ordered to pay compensation.

Case Study 3: Racist Hate Crime    

Police spoke to the defendant after a report he was involved in an unrelated criminal offence. The defendant has then made racist comments to the officer before also threatening violence towards the same officer. The defendant would have received a high-level community order, but this was uplifted due to the hate crime to a three-week concurrent custodial sentence, running alongside his sentence for other offences.

Case Study 4: Racist Hate Crime

The defendant made racist comments towards two police officers before assaulting them both. The court confirmed that, ordinarily, the offences would have attracted a low-level community order but given the hate crime element, this was uplifted to a high-level community order. The defendant was sentenced to an 18-month community order, ordered to pay both officers compensation and was also fined.