CPS Yorkshire and Humberside: Hate crime sentence uplift examples - Cases finalised October 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 October 2023 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases

1.    The defendant was being driven home by his partner and he caused an argument and racially abused her. This then escalated further to the point where he assaulted her by slapping her multiple times. After this incident he smashed a glass bottle through the car’s passenger side window. The defendant was found guilty after trial in the magistrates’ court to racially aggravated assault, racially aggravated criminal damage, and criminal damage. The defendant was sentenced to six weeks' imprisonment, uplifted from three weeks. Additionally, he was ordered to pay £445 compensation and given a two-year restraining order (Humberside Case).

2.    The defendant was spotted kicking over a ‘wet floor’ cone by security in a shop. Upon being confronted about this, he became threatening and racially abusive towards the security guard. He pleaded guilty at the trial in 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. The defendant was sentenced to 14 weeks' imprisonment, uplifted from 10 weeks, suspended for 12 months (Humberside Case). 

3.    The defendant was intoxicated and drove his electric scooter into his daughter’s ankle and made racially abusive comments towards the neighbours’ children. 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 and common assault by beating. He was sentenced to a £200 fine, this was for the hate crime element and additionally was given a 12-month community order and 20 rehabilitative activity requirement days (Humberside Case). 

4.    The defendant walked into a train station and started a confrontation with a passerby regarding a football match. A member of security staff tried to calm the situation down but had racial abuse directed towards them. The defendant pleaded guilty 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 60 hours of unpaid work, uplifted from 40 hours. The sentence also included a 12-month community order, £100 compensation to be paid to the victim and ordered to pay £199 in costs (West Yorkshire Case).

5.    The defendant entered a shop multiple times in quick succession and was noticeably irritable. On the final visit he knocked down shelves and was confronted by the store staff. He became further agitated and proceeded to threaten and racially abuse the member of staff. He 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 and using threatening language. The defendant was sentenced to 12 weeks' imprisonment, uplifted from 8 weeks and ordered to pay £50 compensation to the victim (West Yorkshire Case).  

6.    The defendant walked into a shop that he was previously banned from and was escorted out of the premises by the store manager. The store manager then informed another store of the defendant’s presence in the area. As a result, the defendant racially abused the store manager and upon being detained by a police officer, was found in possession of a bladed weapon. 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 and using threatening language and possession of a bladed article. The defendant was sentenced to a total of 26 weeks' imprisonment, uplifted from 24 weeks, and ordered to pay £50 compensation (West Yorkshire Case). 

7.    The defendant parked in an unmarked space and subsequently a security officer approached his car. He immediately shouted racial abuse towards her and then made threats. 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 and using threatening language. He was sentenced a £240 fine, uplifted from £180 and ordered to pay £100 compensation and £195 in costs (South Yorkshire Case). 

8.    The defendant and their care worker entered a shop to buy some items, upon paying the defendant became confrontational with the care worker and racially abused her, this then escalated to him punching her. The defendant pleaded guilty 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 and using threatening language and assault. He was sentenced to 25 rehabilitative activity requirement days, 6 months of alcohol treatment requirements, this was uplifted from what would have been a fine. He was additionally ordered to pay £200 compensation and £114 in costs (South Yorkshire Case). 

9.    The defendant tried entering a shop he had previously been banned from. The shop staff informed him of this and asked him to leave. This caused a confrontation at which the defendant became racially abusive to two members of staff. The defendant pleaded guilty in the magistrates’ court to two charges of 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 and using threatening language. He was sentenced to a 12-month community order and 25 rehabilitative activity requirement days; this was uplifted from a 9-month community order and 20 rehabilitative activity requirement days (South Yorkshire Case).