CPS Yorkshire and Humberside: Hate crime sentence uplift examples, July 2023

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 July 2023 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases

1.    The defendant began to move tables that belonged to a shop without any permission. The staff confronted him and told him to stop. The defendant became aggressive and shouted racial abuse towards the victim. The defendant pleaded guilty at the magistrates’ court to using racially aggravated threatening, abusive or insulting words or behaviour in public with the intent to cause someone present to fear the use of immediate unlawful violence. He was sentenced to six weeks' imprisonment, uplifted from four weeks. Additionally, he was ordered to pay £120 compensation and given a two-year criminal behaviour order (Humberside case).

2.    The defendant entered a pub which he’d previously been barred from. A staff member informed him that he is barred and must leave, this was met with racial abuse towards the staff member. The defendant was found guilty after trial in the magistrates' court to using racially aggravated threatening, abusive or insulting words or behaviour in public with the intent to cause someone present to fear the use of immediate unlawful violence. He was sentenced to 18 weeks' imprisonment, uplifted from 16 weeks, suspended for 18 months. He was also ordered to pay £200 compensation to the victim, complete 25 rehabilitative activity requirement days and go on a 120-day alcohol abstinence program (Humberside case).

3.    The defendant approached a licensing officer and began to be verbally aggressive towards her about people who are from an ethnic minority background which caused distress to the victim. The defendant pleaded guilty at the magistrates’ court using racially aggravated threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. He was sentenced to a fine of £833, uplifted from £400 and ordered to pay £85 in costs (North Yorkshire Case).

4.    The defendant had been at the stadium watching a football match when he entered a restricted area, a member of the public made him aware of this, but it was met with racial gestures. The defendant pleaded guilty at the magistrates’ court after appearing on warrant to using racially aggravated threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. The defendant was sentenced to pay a fine of £69, uplifted form conditional discharge. The sentence also included £119 to be paid in costs (South Yorkshire Case).

5.    The defendant had been playing music loud late in the evening when a neighbour knocked on his flats door and asked him to lower the noise levels. The defendant responded with threatening language and racial abuse. The defendant pleaded guilty at the magistrates’ court to using threatening language to cause distress and also to using racially aggravated threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. He was sentenced to a £400 fine, uplifted from £250. Additionally, the sentence included a 12-month community order and 10 rehabilitative activity requirement days (South Yorkshire Case).

6.    The defendant caused confrontation with his ex-partner at an indoor market and threatened to assault her. The security officer who works there tried to intervene and deescalate the situation but was racially abused by the defendant. The defendant was found guilty after trial in the magistrates' court to common assault and to using racially aggravated threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. He was sentenced to a £210 fine, uplifted from £180 and was also ordered to pay £384 in costs (West Yorkshire Case).

7.    The defendant caused confrontation with taxi drivers at a taxi rank, upon arrival of the police he was heard shouting racial abuse directed towards the drivers. He pleaded guilty at the magistrates’ court to using racially aggravated threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. The defendant was sentenced to a £120 fine, uplifted from £34 and ordered to pay an additional £133 in costs (West Yorkshire Case).

8.    The defendant attempted to shoplift alcohol from a shop. The security staff detained him, upon which the defendant racially abused the staff members. The defendant pleaded guilty at the magistrates’ court to  two charges of using racially aggravated threatening, abusive or insulting words or behaviour in public which may result in someone present fearing the use of immediate unlawful violence. He was sentenced to six weeks' imprisonment, uplifted from four weeks and ordered to pay £154 in costs (West Yorkshire Case).