The law on hate crime
| Published date | 14 June 2013 |
| Pages | 164-166 |
| DOI | https://doi.org/10.1108/JAP-03-2013-0009 |
| Date | 14 June 2013 |
| Author | Catherine Heard |
| Subject Matter | Health & social care,Sociology |
The law on hate crime
Catherine Heard
Catherine Heard is a lawyer
based at the Law Commission,
London, UK.
Abstract
Purpose – The purpose of this paper is to inform readers about the Law Commission’s review of hate crime
offences and provide information on key stages. At the time of writing the review is at consultation stage and
people are being invited to participate in this process.
Design/methodology/approach – The paper is structured in a question and answer format and provides
an overview of existing hate crime offences and the stages of the Law Commission’s review.
Findings – The consultation will consider the effect of the Law Commission’s review of hate crime law on
people with disabilities.
Originality/value – The author is a member of the Law Commission’s criminal law team and answers
questions on what’s involved in the consultation process. The Law Commission wants to make sure that
people who could be affected by any changes to the law on hate crime have their say.
Keywords Law Commission, Mental health, Learning disabilities, Safeguarding, Intellectual disabilities,
Hate crime, Law, Laws and legislation, Law reform, Crimes
Paper type Viewpoint
The Law Commission of England and Wales is reviewing hate crime law. This could affect
people with disabilities. In this brief article, Catherine Heard, from the Commission’s criminal law
team, answers questions on what is involved.
What is a hate crime?
A crime is recorded as a hate crime if the victim or anyone else believes it was motivated by
hostility based on a personal characteristic of the victim. The police and CPS record data on
hate crimes for five personal characteristics: disability, transgender identity, race, religion and
sexual orientation.
Why might the law on hate crime need reform?
The way hate crime is prosecuted and punished is not the same for all five groups. The
government has made tackling hate crime across all five groups a key priority, including how
offenders are dealt with.
What is the law commission?
It is an independentbody that keeps the law of Englandand Wales under review. The Commission
carries out consultations on specific areas of law, to work out howwell the current law functions.
It recommends reform of the law, to make sure it is fair, modern, simple and cost-effective.
What is this review looking at?
The government has asked the Law Commission to look into two questions, then report on its
findings. The questions are:
(1) Should people accused of certain crimes (the list includes assault, criminal damage and
harassment) be charged with a specific aggravated form of the offence – carrying a longer
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VOL. 15 NO. 3 2013, pp. 164-166, CEmerald Group Publishing Limited, ISSN 1466-8203 DOI 10.1108/JAP-03-2013-0009
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