CPS Yorkshire and Humberside: Hate crime sentence uplift examples - Cases finalised April 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 April 2024 which resulted in a conviction and an uplifted sentence.

Racially aggravated cases

1.    The defendant while being in prison, became verbally abusive to prison officers when he refused to return to his wing. The defendant made numerous racially abusive comments to the three prison officers handling the situation. He pleaded guilty at the magistrates’ court to three charges of racially aggravated intentional harassment. He was sentenced to an additional 12 weeks' imprisonment, uplifted from 8 weeks (Humberside Case).

2.    At a hospital, it was reported that the defendant was intoxicated and being abusive towards staff members. Security guards were called to escort him from the premises, he became agitated and shouted racial abuse directed towards them before police arrived. He pleaded guilty in the magistrates’ court using racially aggravated intention harassment. He was sentenced to 20 weeks' imprisonment, uplifted from 14 weeks. Additionally he was ordered to pay £200 in compensation (South Yorkshire Case).

3.    The defendant walked into a library that he was not allowed in and was confronted by a member of staff. When the staff member informed the defendant he must leave, he refused and made multiple racially abusive comments. When police arrived, he had already left but a member of public informed that they had seen the defendant with a knife. The police found and caught him in possession of a knife. He pleaded guilty at the magistrates' court to racially aggravated intentional harassment and to possession of a knife in a public place. He was sentenced to 14 weeks' imprisonment, uplifted from 10 weeks, suspended for 12 months. The sentence also included £150 compensation he was ordered to pay (South Yorkshire Case).

4.    While at a football game, the defendant made repeated chants that included racial slurs. After warnings, this continued throughout the remainder of the match. After appearing on warrant, he pleaded guilty in the magistrates’ court to using threatening or abusive words or behaviour or disorderly behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress. He was sentenced to a £300 fine, this was uplifted to a higher band to reflect uplift. Additionally, the sentence included £240 to be paid in costs and a four-year football banning order was imposed (West Yorkshire Case).

5.    The defendant was in altercation in a hospital car park when security staff intervened, at this point the defendant who was being restrained aimed abuse towards the staff members and then made racist comments. He pleaded guilty at the magistrates’ court to racially aggravated intentional harassment. He was sentenced to four weeks imprisonment, uplifted from three weeks (West Yorkshire Case).

6.    The defendant was drinking with friends in her garden when she spotted the victim across the road. There had been previous encounters and the defendant recalled these and shouted insults and racial slurs towards the victim. She pleaded guilty in the magistrates’ court to racially aggravated intentional harassment. She was sentenced to 10 rehabilitative activity requirement days, uplifted from 5 days. The sentence also included a 12-month community order and she was ordered to pay £100 compensation (West Yorkshire Case).

7.    The defendant was intoxicated at his partner's house and later become argumentative and aggressive, this escalated to the police being called to the address. Whilst being detained, he made racially abusive comments towards his partner. He pleaded guilty in the magistrates’ court to racially aggravated intentional harassment. He was sentenced to a £150 fine, uplifted from £75. He was also required to pay £145 in costs (West Yorkshire Case).

Homophobic hate crime cases

1.    The defendant tried to enter a bar in the early hours of the morning. The staff refused his entry after they exercised the Challenge 25 policy and he was unable to provide ID. Upon being escorted to the exit by a staff member, he made multiple homophobic slurs towards them. He pleaded guilty in the magistrates’ court to using insulting words to cause harassment. He was sentenced to 60 hours of unpaid work, uplifted from 40 hours. The sentence additionally included £199 to be paid in costs (Humberside Case).

2.    The defendant was at a racecourse when she and her group of friends had an altercation with another group. This situation quickly escalated and the defendant punched the victim in the face twice and made homophobic comments. She pleaded guilty at the magistrates’ court to assault by beating. She was ordered to pay a £369 fine, uplifted from £196. Additionally she was ordered to pay £433 in costs (South Yorkshire Case).