Hate incident (non crime) “Any non-crime incident which is perceived by the victim or any other person to be motivated by hostility or prejudice based on a person’s disability or perceived disability” Or a person’s race, religion, sexual orientation or a person who is transgender ACPO / CPS definition

Hate incidents (non crime) No police powers ‘Positive intervention’ / ‘Community Negotiator’ approach Advise alleged perpetrator (if identified)

Hate crime “Any criminal offence which is perceived by the victim or any other person to be motivated by hostility or prejudice based on a person’s disability or perceived disability” Or a person’s race, religion, sexual orientation or a person who is transgender ACPO / CPS definition

Key elements of hate incident and crime definitions Hostility Prejudice Perceived (not just perception that is a hate incident or crime, perceived disability etc) Disability, race, religion, sexual orientation or transgender

Hostility No definition within legislation for hostility – use dictionary definition, e.g. Unfriendly Links in with wording within Crime and Disorder Act 1998 and Criminal Justice Act 2003

Prejudice Oxford Dictionary definition: “A pre- conceived opinion that is not based on reason or actual experience” Includes a dislike, hostility, or unjust behaviour deriving from pre-conceived and unfounded opinions

Perceived Anyone can perceive that an incident is a hate incident or hate crime. The apparent lack of evidence or motivation as the cause of the incident is not relevant for recording as a hate incident or crime (will cover Crime and Disorder Act later) Can be perceived that a person was disabled (etc), but victim does not have to be.

Perceived – disabled victims Some people with either mental ill health or a learning disability may not have the perception themselves that they have been the victim of a hate incident or hate crime. Police officer / Witness can still have the perception and should be recorded accordingly. Think – in the absence of any other motivation, could this be a disability hate incident or crime?

Motivations Disability Race Religion Sexual Orientation Transgender Note additional information markers, not motivations – anti-semitic, islamaphobic, migrant worker, Gypsy/Traveller and asylum seeker/ refugee. From 1 st April alternative lifestyle to be included

Disability hate crime – emerging trend identified at national level

Disability Hate Crime Massive under reporting – including ASB incidents Lack of understanding Is it ‘vulnerability’ or ‘hate’? Context of disability hate crime is different from other hate crimes

Section 145 Criminal Justice Act 2003 Requires the Courts to consider racial or religious hostility as an aggravating factor when deciding the sentence of any offence which is not specifically racially or religiously aggravated under the 1998 Act, e.g. robbery, theft, murder Does not change how we record the crime on our system – but need evidence in file for the CPS Uplift in sentence – but not above maximum for substantive offence

Section 146 – Criminal Justice Act 2003 Requires the Courts to consider disability or sexual orientation hostility as an aggravating factor when deciding the sentence of any offence Again, uplift in sentence – but not above maximum for substantive offence Does not change how we record the crime on our system – but need evidence in file for the CPS

Tell Someone! 999 Emergency 101 Non emergency Council Police Station Neighbourhood Officer

Third Party Reporting Each division has identified a number of partner agencies that act as ‘Hate Crime reporting centres’. Details are on the NPT pages on our website.

‘True Vision’ Website – Information on different forms of hate crime National organisations’ contact details On-line reporting facility

Stop Hate UK has launched a new 24 hour helpline service, Stop Learning Disability Hate Crime, in England and Wales. The new service will be funded by the Ministry of Justice Victim and Witness Fund. People in England and Wales who have experienced, witnessed or know someone who is experiencing Learning Disability Hate Crime can contact the Stop Learning Disability Hate Crime helpline : for support and information. It is free to call the Stop Learning Disability Hate Crime helpline from landlines and most mobiles and the number won’t show on a phone bill

Any Questions?