Religious and Racial Hate Crime: Understanding the Legal Framework and Statistics.
What is a ‘hate crime’?
The police and the Crown Prosecution Service have agreed the following definition of a ‘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; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity.” In the absence of a precise legal delineation, the term ‘hostility’ lacks a specific statutory definition, necessitating the adoption of its conventional understanding. In this context, the everyday comprehension of the term encompasses sentiments such as ill-will, spite, contempt, prejudice, unfriendliness, antagonism, resentment, and dislike. The primary focus of this article will be to examine the categories of race and religion hate crimes.
Examples of religious & racially motivated hate crimes
Offenses encompassing hate crimes can vary in their nature and severity. They may include acts such as racially or religiously motivated grievous bodily harm, aggravated common assault, aggravated damage to property, aggravated intentional harassment, the publication
of material likely to incite racial or religious hatred, possession of racially or religiously inflammatory material, and engagement in or participation in racialist chanting during a designated football match.
Statistics on racial & religious hate crimes
Based on Home Office statistics, it has been revealed that hate crime has experienced an alarming surge, nearly tripling since the 2014-2015 period. The analysis further indicates that 51% of hate crimes were categorised as public order offenses. Stalking and harassment offenses accounted for approximately 22%, while acts of violence against individuals without causing injury constituted 13% of the total. Additionally, incidents involving violence resulting in injury amounted to 6% of the recorded hate crimes.
According to statistics published by gov.uk, the following findings regarding hate crimes in England and Wales were recorded:
- In the year ending March 2022, the police documented a total of 155,841 hate crimes, indicating a significant 26% increase compared to the previous year.
- This marked the second largest percentage rise in hate crimes year on year (the first being the year ending March 2017, which was a 29% upsurge).
- Consistent with previous years, the majority of hate crimes were motivated by racial factors, constituting over two-thirds (70%) of all such offenses, amounting to 109,843 incidents. Notably, these racially motivated hate crimes experienced a 19% increase between the year ending March 2021 and the year ending March 2022.
Due to notable enhancements in the police’s crime recording practices in recent years, it remains uncertain to what extent the recorded increase in hate crimes reflects a genuine rise or is a result of improved recording methods and increased confidence among victims in reporting such offenses to the police.
Why have hate crimes risen?
The Guardian newspaper has drawn attention to a significant relationship between particular events and pronounced surge in hate crime incidents. It is noteworthy that subsequent to the EU referendum in July 2016, a clear escalation in racially or religiously aggravated offenses
was documented by law enforcement agencies. Similarly, in July 2017, subsequent to a series of terrorist attacks, and during the summer of 2020, in response to the Black Lives Matter protests and far-right counter-protests provoked by the tragic murder of George Floyd, there was a notable surge in the occurrences of these offenses.
What are the categories of hate crime?
The UK legal framework acknowledges the existence of five distinct categories of hate crime:
- Race
- Religion
- Disability
- Sexual orientation
- Transgender identity
UK Hate Crime Legislation
It is important to note that any criminal act has the potential to be treated as a hate crime, provided that the perpetrator has exhibited animosity based on the aforementioned grounds or has been driven by such animosity. It is also worth mentioning that an individual may fall victim to multiple forms of hate crime simultaneously. The introduction of the Crime and Disorder Act 1988 resulted in the establishment of various distinct criminal offenses classified as racially aggravated crimes. These offenses encompass acts of wounding, assault, damage, harassment, as well as threatening or abusive behavior. Within the provisions of this Act, a ‘racial group’ is defined as a ‘collective of individuals identified by their race, colour, nationality (including citizenship), or ethnic and national origins’.
In December 2001, an amendment was made to expand the coverage of the Act, introducing new and distinct religiously aggravated offenses. This amendment broadened the scope of the legislation to address offenses specifically motivated by religious factors. Within the provisions of the Act, a ‘religious group’ is defined as a collective of individuals identified based on their religious belief or lack thereof. This definition recognises the importance of religious affiliation or non-affiliation in determining the impact and severity of offenses committed against individuals or groups on the grounds of their religious identity. Section 66 of the Sentencing Act 2020, effective for all convictions on or after 1st December 2020, imposes a legal obligation upon courts to incorporate a specific aggravating factor when evaluating the gravity of an offense. This factor can be constituted by either of the following circumstances:
- The offender displayed hostility towards the victim, rooted in the victim’s affiliation (or presumed affiliation) with a racial or religious group, at the time of committing the offense or in immediate proximity to its occurrence.
- The motive behind the offense was influenced, wholly or partially, by animosity directed towards members of a racial or religious group based on their membership in that particular group.
How to report a hate crime
In the event that you have become a victim of a hate crime or incident, or if you have witnessed such an act, you may wish to take action by reporting the incident to the police. You can do this by calling 101 from a landline or mobile, using the True Vision online reporting tool (which takes approximately 15 minutes), or visitng a police station.
Always call 999 if you feel you or someone else is in immediate danger, feel a situation is escalating quickly, or if you require support straight away.
You can find more information on reporting a hate crime here on the Metropolitan Police website.
Seeking help from hate crime support groups
In addition to reporting to the authorities, seeking support from relevant support groups can provide invaluable assistance and guidance. These support groups specialise in offering resources and aid to individuals affected by hate crimes, offering a range of services such as emotional support, counseling, and practical advice on navigating the legal procedures involved.
Victim Support offer free, independant and confidential support for victims of crime
TellMAMA offer free counselling support specifically for victims of anti-Muslim hate and Islamaphobia
Friends, Families & Travellers support individuals and families, to fight discrimination against Gypsy, Roma and Traveller people
Stop Hate UK support victims of hate crime while working to combat hate & prejudice through education
For more information on hate crimes:
Citizens Advice page on hate crimes
CPS prosecution guidance on religious and racial hate crimes
