Tackling Hate Crime

Racism and Antisemitism: Data & Trends

Suzelle Dickson, United Kingdom, 18 June 2012

Jerusalem

Tackling Hate Crime

• Common definition of hate crime adopted by Criminal Justice Agencies in 2007

“any criminal offence which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice based on a person’s disability, gender-identity, race, religion/belief or sexual orientation”.

• Government Coalition Commitment to improve the recording of hate crime

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Tackling Hate Crime - Data

• British Crime Survey (England and Wales)

• Association of Chief Police Officers (ACPO) Recorded Hate Crime

• Racist incidents (Police Recorded)

• Race and Criminal Justice System - Section 95 Criminal Justice Act 1991

• Crown Prosecution Service Hate Crime Report

• Life Opportunities Survey

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British Crime Survey (BCS)

• Annual Household Survey - asks people aged 16 and over living in England and Wales about their experiences of crime in the last 12 months. These experiences are used to estimate levels of crime in England and Wales

• As part of the BCS all victims are asked if they believe that the incident was a hate crime motivated by one of the following strands:

• Age• Disability• Gender• Gender identity (transgender)• Race• Religion or religious beliefs• Sexuality or sexual orientation

• Of the five centrally monitored strands, only four were asked about in the 2009/10 and 2010/11 BCS. Data from the two survey years have been combined to provide more robust estimates of hate crime.

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BCS - FINDINGS

• The 2009/10 and 2010/11 BCS showed that 0.5% of adults were a victim of hate crime in the year to interview. This equates to 260,000 incidents of hate crime on average per year

• Race was the most commonly perceived motivating factor (0.3% of adults; 136,000 incidents on average per year)

• The police came to know about 49% of hate crime incidents, higher than the 39% of BCS crime overall that came to the police’s attention

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BCS – FINDINGS Contd...

• Victims of hate crime were less satisfied with the police (53% were satisfied) than victims of BCS crime overall (69%). Additionally, hate crime victims were less likely (than victims in general) to think:

o the police had taken the incident as seriously as they should have (45%; 65% BCS overall);

o they had been treated fairly by the police (63%; 79% BCS overall); and,

o they were treated with respect by the police (76%; 89% BCS overall)

• The 2009/10 and 2010/11 BCS also showed that victims of hate crime were more likely to be emotionally affected by the incident than victims of BCS crime overall (92% and 86% respectively)

• This is the first time BCS data on hate crime has been published.

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ACPO – Recorded Hate Crimes

• Association of Chief Police Officers (ACPO) National Community Tension Team collecting data from Police forces in England, Wales and Northern Ireland since 2008

• The total number of hate crimes recorded by forces decreased by 7.3 per cent from 51,920 in 2009 to 48,127 in 2010

 • The number of hate crimes reported under the race and religion strands both decreased

by 9.5 per cent and 3.6 per cent respectively in 2010 compared to 2009 • There were increases in the number of hate crimes reported relating to sexual orientation

(1.6 per cent), transgender (14.4 per cent) and disability (21.3 per cent) in 2010 compared to 2009

 • In addition to the total number of hate crimes reported above there were 488 reports of

Antisemitic hate crime. This represents a decrease of 3.6 per cent on the 2009 figures of 703.

http://www.report-it.org.uk/hate_crime_data1

http://www.thecst.org.uk/docs/Incidents%20Report%202011.pdf

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Home Office - Racist Incidents• Requirement as part of the collection of data under section 95 of the Criminal

Justice Act 1991. From November 2010 published separately by the Home Office

• Latest figures present the number of racist incidents (non-notifiable offences and notifiable crimes) recorded by the police in each force area in England and Wales in 2010/11 with comparisons over the last two years (2008/09 and 2009/10)

• The overall number of racist incidents recorded by the police decreased by 6.7 per cent from 54,872 in 2009/10 to 51,187 in 2010/11

• Between 2009/10 and 2010/11 there was a decrease in the number of racist incidents recorded in 26 of the 43 police force areas and an increase in the other 17 forces

• Overall, there seems to be a gradual decline in the number of recorded racist incidents, with fluctuations within individual forces.

http://www.homeoffice.gov.uk/publications/science-research-statistics/research-statistics/crime research/hosf0111/

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Race and the Criminal Justice System - Section 95

• Requirement as part of the collection of data under section 95 of the Criminal Justice Act 1991

• Data has been published annually since 1992 – ‘Race and the Criminal Justice System’ and includes racially and religiously aggravated offences and racist incidents, comparison of ethnicity and stages within the CJS, stop search, arrests, prosecution, etc...

• Racially and religiously aggravated offences only cover: harassment; actual bodily harm and grievous bodily harm without intent; criminal damage; and assault without injury

• In 2010/11, the police recorded 31,486 racially or religiously aggravated offences across England and Wales

• Over the five-year period from 2006/07 to 2010/11, there was a 26% decrease in the number of racially or religiously aggravated offences in England and Wales from 42,554 to 31,486.

http://www.justice.gov.uk/downloads/publications/statistics-and-data/mojstats/stats-race-cjs-2010.pdf 9

Hate Crime - Prosecutions

• The Crown Prosecution Service has been collecting data on hate crime prosecutions since 2006/07. Latest published report shows data for 2010/11

• Between 2006/07 and 2010/2011:

o nearly 69,000 defendants were prosecuted for hate crimes

o the conviction rate across all types of hate crime increased from 76.8% to 82.8%

o the number of prosecutions increased from 12,535 to 15,284

• Of successful outcomes in 2010/11 – 85.5% involved a guilty plea.

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Hate Crime – Prosecutions Contd...

• The most commonly prosecuted offences were those against the person and public order offences (44.3% and 36.3% of the total respectively)

• The majority of defendants across all hate crime strands were men (83.3%)

• 73.7% of hate crime defendants were identified as belonging to the White British category

• 50.9% of defendants were aged between 25-59 and 28.9% between 18-24.

http://www.cps.gov.uk/publications/docs/cps_hate_crime_report_2011.pdf

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Wave One - Life Opportunities Survey

• Published in December 2011 by the Office for Disability Issues

• Findings are based on a total of 31,161 interviews with adults, aged 16 and over, across 19,951 households between 2009 and 2011

• 2% of all adults had been a victim of hate crime (defined as a crime committed against someone or their property on the grounds of their personal characteristics in the past 12 months

• The most common motivation reported for all adults who experienced hate crime was ethnicity (37%) followed by sexual orientation (11%)

• But 34% of adults with an impairment and 30% of adults without an impairment, felt they were the victim of a hate crime motivated by factors not covered by the questionnaire

• For adults with an impairment, reasons related to a health condition, illness or impairment and a disability were also given as the motivation for a hate crime (15% and 18% respectively).

http://statistics.dwp.gov.uk/asd/asd1/los/los_wave_one_200911.pdf 12

Tackling Hate Crime

Combating Hate Speech - Legislation

Suzelle Dickson, United Kingdom, 18 June 2012

Jerusalem

Hate Crime Legislation

• Public Order Act 1986, Part 3 – Stirring up racial hatred (E&W,S)  Under this Act it is an offence for a person to use words or behaviour, or

display any written material which is threatening, abusive or insulting and which is intended or likely in all the circumstances to stir up racial hatred. Possession, publication, public performance of play or distribution of inflammatory material are also offences

It’s an offence if committed in a public or private place – but not inside a dwelling if words or written material are only heard or seen by persons in that or another dwelling.

• Public Order (Northern Ireland) Order 1987 – Stirring up hatred or arousing fearUnder this Act it is an offence for a person to use words or behaviour, or display any written material which is threatening, abusive or insulting and which is intended or likely in all the circumstances to stir up hatred or arouse fear against a group of persons on the grounds of religious belief, colour, race, nationality (including citizenship) or ethnic or national origins.

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Hate Crime Legislation

• Malicious Communications Act 1988 (E&W)An Act to make provision for the punishment of persons who send or deliver letters, electronic communication or other articles for the purpose of causing distress or anxiety

• Criminal Law (Consolidation) (Scotland) Act 1995A person is guilty of an offence under this section if they pursue a racially-aggravated course of conduct which amounts to harassment of a person and it is intended to amount to harassment of that person; or it occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or act in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress

• Crime and Disorder Act 1998 (E&W,S) (as amended by the Anti-terrorism, Crime and Security Act 2001)This contains a number of specific offences of racially or religiously aggravated crime. These offences carry higher maximum penalties than the basic offence equivalents. The Act places a duty on courts to treat more seriously any offence shown to be racially or religiously aggravated.

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Hate Crime Legislation• Football Offences Act 1991 (as amended) (E&W)  An offence is committed when a group of people, or one person acting alone, chants

something of a racist nature at a designated football match. To prove this offence, the prosecution has to show that the chanting was threatening, abusive or insulting to another person because of that person’s colour, race, nationality (including citizenship) or ethnic or national origin

• Criminal Justice Act 2003 (E&W)  S.145: in addition to the specific offences created by the Crime and Disorder Act 1998, this

places a general duty on courts to treat more seriously any offence that can be shown to be racially or religiously aggravated or motivated

S.146: this places a duty on courts to increase the sentence for any offence aggravated by the demonstration or motivation of hostility based on the victim’s disability (or presumed disability) or sexual orientation (or presumed sexual orientation)

• Criminal Justice (Scotland) Act 2003Places a duty on courts to increase the sentence for any offence aggravated by religious prejudice.

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Hate Crime Legislation

• Criminal Justice (No.2) (Northern Ireland) Order 2004 Places a duty on courts to increase the sentence for any offence aggravated by the demonstration or motivation of hostility based on membership (or presumed membership) of a group based on the race, religion, sexual orientation or disability of the victim

• Criminal Justice (Scotland Act) 2006Provision of Football Banning Orders on conviction of a football related offence, including stirring up hatred on the grounds of colour, race, nationality, ethnic or national groups, religion (including presumed membership of or perceived affiliation to) sexual orientation, transgender identity and disability

• Terrorism Act 2006 (E&W,S, NI)This Act makes it a criminal offence to directly or indirectly incite or encourage others to commit, prepare or instigate acts of terrorism. The definition of terrorism includes the use or threat of action designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, when the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.

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• Racial and Religious Hatred Act 2006 - Amends the Public Order Act 1986 and inserts Part 3A (E&W)Under this Part it is an offence for a person to use words or behaviour, or display any written material, which is threatening, if they intend thereby to stir up religious hatred. Abusive or insulting words or behaviour intended to stir up religious hatred is not enough. Possession, publication or distribution of inflammatory material is also an offence

• Criminal Justice and Immigration Act 2008 - Amends the Public Order Act 1986 and is inserted into Part 3 A (E&W)Under this Act an offence is committed if a person uses threatening words or behaviour, or displays any written material, which is threatening, if they intend thereby to stir up include incitement to hatred on the grounds of sexual orientation

• Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 Under the Act, a person commits an offence if, in relation to a regulated football match a person engages in behaviour expressing hatred of, or stirring up hatred against groups and individuals based on religion (including presumed membership or perceived affiliation) colour, race, nationality, ethnic or national groups, sexual orientation, transgender identity and disability. 18

Tackling Hate Crime

Access to justice:Effective redress against discrimination and

hate crime

Suzelle Dickson, United Kingdom, 18 June 2012

Jerusalem

Implementation - Practical

• Raising Awareness of the provisions to professionals and victims

• Training and guidance for Police Officers and Crown Prosecutors

• Sentencing Guidelines for Judges

• Community Engagement

• Increasing reporting

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Implementation - Issues

• Incitement offences (stirring up hatred) – provide higher thresholds for demonstrating hatred than other offences i.e. aggravated offences – with religion and sexual orientation attracting higher threshold tests

• No incitement offences for hatred on the grounds of disability or transgender

• Small number of cases prosecuted. Most recently two cases, one for intending to stir up hatred on the grounds of religion and the other on sexual orientation

• Seeking permission from the Attorney General to prosecute for stirring up hatred offences.

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Implementation – Issues Contd....

• Post legislative Scrutiny of the Racial and Religious Hatred Act 2006 – highlighted the issues relating to the prosecution of these offences. The Act that was passed was substantially different to that when it was first introduced into Parliament

• Protection of Freedom of Speech

• Evidence of sentence uplifts not being applied and courts not stating cases as hate crime.

• For example, 15 year-old Irish Traveller Johnny Delaney - kicked to death by youths in 2003. Although two youths were found guilty of manslaughter and sentenced to four and a half years and the police recorded a racially motivated incident, the judge in this case said that “he did not believe the attack was racially motivated”.

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Prosecution - Issues

• Hate crime hugely under-reported – lack of confidence in police and other Criminal Justice Agencies taking reported incidents seriously

• Difficulty in identifying the motivations around offences that have taken place

• Obtaining best evidence – lack of confidence in the effectiveness of the support giving by Criminal Justice System

• Victim Issues:

• Victim decides to retract• Unexpectedly fails to turn up to court• Not reassured about support that has been put in place

• National average rate for attrition is around 4% - attrition rates for prosecution of racist and homophobic cases is almost double the national average.

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Access to Justice - Moving Forward

• Highlighting successful prosecution of hate crime cases in the media - deterrent effect

• Successful prosecutions under aggravated offences, offences against the person and public order offences

• Recent cases for convictions where defendant had used internet/social media

• Police collecting and recording data on hate crime as part of a formal Annual Data Return to the Home Office. Data to be published as National Statistics for the first time in the summer. Will give us a clearer picture of where incidents are happening

• Police refreshing Hate Crime Manual for officers and undertaking a training needs analysis.

• Government committed in national Plan to tackle Hate Crime – to identify training needs for other practitioner roles.

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Access to Justice – Moving Forward

• Considering scope for alternative disposals, including restorative justice for less serious cases of hate crime

• Crown Prosecution Service - undertaking community engagement initiatives to raise awareness and identify victim issues

• Victim care measures – encouraging and improving confidence, in particular for victims of disability hate crime

• Hate Crime Scrutiny Panels – ensuring that sentence uplifts are considered in all appropriate cases and that there is consistency in the way cases are dealt with

• Working with HM Courts and Tribunal Service to raise greater awareness of the applicability of sentence uplifts

• Improvements in data mapping from report/charge – to prosecution/conviction and sentence.

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Further information

Contact:

Suzelle.Dickson@homeoffice.gsi.gov.uk

or

Visit Home Office Website at:

http://www.homeoffice.gov.uk/crime/hate-crime. and

True Vision at:

http://report-it.org.uk

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