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The Crown Prosecution Service (CPS) reviews each hate crime case referred by the police. Where there is evidence, the CPS looks to prosecute as a hate crime and apply for an increased sentence. The CPS also provides information, assistance and support to victims and prosecution witnesses.
Hate Crimes are covered by legislation (sections 28-32 of the Crime and Disorder Act 1998 and sections 145 and 146 of the Criminal Justice Act 2003) which allows prosecutors to apply for an uplift in sentence for those convicted of a hate crime. This is an increased punishment for the crime. Under hate crime legislation, the courts must pass increased sentences where prosecutors evidence that offences either demonstrate or have been motivated by hostility towards a person’s race, religion, disability, transgender identity or sexuality.
In April and May 2021, the CPS West Midlands Magistrates' Court unit successfully prosecuted a range of hate crime cases. Below are two of the cases prosecuted which took place within Warwickshire.
Case One: Abuse Against Security Staff
On the 23 September 2020, the defendant was ejected from a bar. The door to the bar was closed to prevent him re-entering and he kicked and damaged the door. He then racially abused the security officer and punched him to the face and then punched the bar owner to the face. The police were called and the defendant racially abused one of the officers.
The defendant was sentenced on the 16 April 2021, having been convicted after trial of the racially aggravated assault upon the security officer and the racially aggravated public order offence towards the police officer.
He received an 8 week custodial sentence for the racially aggravated assault and was informed that this sentence had been increased to reflect the hate crime. He received a further 10 week sentence for the racially aggravated public order offence and was told that this sentence had been increased by four weeks to reflect the hate crime. A further four week concurrent sentence was imposed for the assault upon the bar owner.
A total sentence of 18 weeks imprisonment was imposed. No separate penalty was imposed for the criminal damage.
Case Two: Racially Abusing Police Officers
On 17 April 2019, the defendant assaulted two police officers while waiting for treatment at a hospital. He was also racially abusive to one of the officers. At Coventry Magistrates' Court on 9 April 2021, he pleaded guilty to counts of assault by beating.
He was sentenced at the same court on 14 May 2021 to a 12-month Community Order including an Alcohol Abstinence Requirement of 100 days, increased by 10 days to reflect the racist abuse. He was also ordered to attend 25 days of rehabilitation activity and pay £80 compensation to the officers.
Reporting Hate & Getting Support
Both of these cases show how the uplifts in sentences can be applied to the sentences of hate crime perpetrators, as well as how justice is bought to victims of hate locally in Warwickshire.
If you, or someone you know, has been the victim of a hate crime, you can report it to Warwickshire Police on 101. In an emergency, dial 999. Alternatively, you can report non-emergency hate incidents via this website.
You can also contact Victim Support Warwickshire, who can help you with the emotional and practical recovery of crime by calling the local victim care team in Warwickshire on 01926 682 693. You do not need to report the crime to the Police or anyone else to access these services.
More Information About Hate Crime & The CPS
More information about the Crown Prosecution Service's work relating to hate crime can be found on their website.