LAW BLOG: Why hate crime is currently the most important issue in our justice system

In a new series, our law students are sharing their expert views on some of the most topical issues facing our society. Law student Savannah scooped the Pearson Award for best 3rd year blog on the Advanced Crime module as part of her LLB Law degree at the University of Salford. Read on to find out why her take on the evolving definitions of hate crime impressed the judges so much.

Hate crime. A phrase almost every reader here will be familiar with. In 2017-18, hate crime rose by 40% from the previous year[1], and there have been calls to widen the legislations spectrum. Hate crime legislation is controversial; some do not see a place for it at all. This post will examine what hate crime is and whether we do need hate crime legislation in the UK today.

What is hate crime?

Hate crime describes criminal behaviour motivated by hostility towards a personal factor[2] such as a person’s: race, religion, sexuality, disability or transgender identity[3]. Offences motivated by hate are dealt with through legislation and can carry more severe punishments if convicted. Often, people believe that hate crime only covers serious offences such as assault, but realistically hate crime covers numerous aspects of criminalistic behaviour such as intimidation and criminal damage. Sadly, hate motivated offences are on the rise; in 2017 Stonewall found that the number of LGBT people who experienced hate crime had increased by 78% over five years[4].

When tensions in this country rise, incidents of hate crime increase[5]. It is for this reason that hate crime legislation is so important; to prevent the alienation of members of our communities. Hate crime legislation is undoubtedly in my opinion important. It protects some of the most vulnerable groups of society and demonstrates that discrimination will not be tolerated.

Is hate crime legislation necessary?

Although the statistics speak for themselves, some believe there is no need to have separate legislation for hate offences. The key argument supporting this is the idea that crime is crime; there is no need to further discriminate this[6]. The basic premise is, if two people are victims of the same crime, why should one be distinguished from the other? It follows that hate motivated offences can lead to longer sentences, and this could trivialise a non-hate related offence, despite similar severity[7]. Many believe that current legislation is adequate, and that further legislation examining hate related motives is unnecessary.

Minor arguments broadcast that hate crime legislation won’t solve hatred and may in fact cause those outside of the guidelines to feel threatened, potentially catalysing feelings of hatred, and causing further incidents.

Other arguments explore the fact that hate crime legislation has the potential to open the flood gates[8] for more and more groups to be added to the legislation which might dilute the meaning behind the legislation in the first place. Earlier this year it was announced that misogyny and ageism were to be considered under review of the current legislation[9]. Many believe this pushes the boundaries too far.

Why it is necessary?

A key factor differentiating hate crime from regular crime is the effect it has on a community. When a crime is committed, and the motivation is for example religion, it can send shock waves of fear through that religious community. Hate crimes have repercussions for whole communities[10]. This effectively leaves mass groups of people fearful, anxious and potentially angry. Hate can breed hate, and it is thus important to put a stop to hate crimes for the sake of community stability, integration and progression.

For this reason, hate crime is as much a societal threat as it is an individual[11]. Home secretary Sajid Javid said that ‘hate crime goes directly against the long-standing British values of unity, tolerance and mutual respect’[12] and this is true. Hate crime has the potential to undermine the tolerant accepting values Britain generally holds. Hate crime legislation emphasizes the importance of open-mindedness and acceptance[13], which is important if Britain is to continue to thrive as the diverse place it is today.

It can easily be concluded that hate crime legislation is advantageous. I do not believe I need to remind the reader of the atrocities that occurred when homosexuality was illegal, or when different races were deemed inferior, when hate motivated violence ran rife. Hate crime protects not only those covered by the definition, but also our multi-cultural, multi-diverse Britain. Without legislation, and without punishing those who commit crime based on unnecessary hatred, our society would be a much more dark, segregated and tense place.

[1] ‘Religious hate crimes: rise in offences recorded by police’ BBC News (16^th October 2018) https://www.bbc.co.uk/news/uk-45874265 Accessed 25 November 2018

[2] ‘Hate Crime’ https://www.cps.gov.uk/hate-crime Accessed 24 November 2018

[3] Lbid

[4] Robbie De Santos, ‘How can we end homophobic hate crime?’ The Guardian (17^th May 2018) https://www.theguardian.com/commentisfree/2018/may/17/attack-gay-end-homophobic-hate-crime-higher-sentences-education Accessed 25 November 2018

[5] Matthew weaver, ‘Hate crime surge linked to Brexit and 2017 terrorist attacks’ The Guardian (16^th October 2018) https://www.theguardian.com/society/2018/oct/16/hate-crime-brexit-terrorist-attacks-england-wales Accessed 26 November 2018

[6] Brendan o’Neill, ‘The problem with hate crime’ (The Spectator ,16^th October 2018) https://blogs.spectator.co.uk/2018/10/the-problem-with-hate-crime/ Accessed 26 November 2018

[7] Charles Moore, ‘Isn’t every crime a hate crime?’ (The Spectator, 21^st October 2018) https://blogs.spectator.co.uk/2018/10/isnt-every-crime-a-hate-crime/ Accessed 26 November 2018

[8] Kenny M, ‘Is it time to consider ageism a hate crime?’ Belfast telegraph (29^th October 2018) https://www.belfasttelegraph.co.uk/life/features/is-it-time-to-consider-ageism-a-hate-crime-37463577.html Accessed 26 November 2018

[9] Jamie Grierson, ‘Review of UK hate crime law to consider misogyny and ageism’ The Guardian (16^th October 2018) https://www.theguardian.com/society/2018/oct/16/review-of-uk-hate-law-to-consider-misogyny-and-ageism Accessed 26 November 2018

[10] ‘Tackling hate crime in the UK’ https://www.amnesty.org.uk/files/Against-Hate-Briefing-AIUK.pdf Accessed 26 November 2018

[11] Almas Korotana, ‘Hate crimes in the UK’ (Into the ether, 22^nd June 2017) https://www.amnesty.org.uk/blogs/ether/hate-crimes-uk-victims-stories Accessed 26 November 2018

[12] Foster M, ‘Amber Rudd warns Sajid Javid not to pile extra pressure on police with misogyny crackdown’ Politics home (2^nd November 2018) https://www.politicshome.com/news/uk/home-affairs/policing/news/99543/amber-rudd-warns-sajid-javid-not-pile-extra-pressure-police Accessed 26 November 2018

[13] ‘Hate crime undermines the diversity and tolerance we should instead be celebrating’ https://news.npcc.police.uk/releases/hate-crime-undermines-the-diversity-and-tolerance-we-should-instead-be-celebrating-1 accessed 26 November 2018

Bibliography

Articles

Authored

De Santos R, ‘How can we end homophobic hate crime?’ The Guardian (17^th May 2018) https://www.theguardian.com/commentisfree/2018/may/17/attack-gay-end-homophobic-hate-crime-higher-sentences-education Accessed 25 November 2018

Foster M, ‘Amber Rudd warns Sajid Javid not to pile extra pressure on police with misogyny crackdown’ Politics home (2^nd November 2018) https://www.politicshome.com/news/uk/home-affairs/policing/news/99543/amber-rudd-warns-sajid-javid-not-pile-extra-pressure-police Accessed 26 November 2018

Grierson J, ‘Review of UK hate crime law to consider misogyny and ageism’ The Guardian (16^th October 2018) https://www.theguardian.com/society/2018/oct/16/review-of-uk-hate-law-to-consider-misogyny-and-ageism Accessed 26 November 2018

Hulme M, ‘Why we should all hate the hate-crime laws’ Spiked (18^th October 2018) https://www.spiked-online.com/2018/10/18/why-we-should-all-hate-the-hate-crime-laws/ Accessed 25 November 2018

Kenny M, ‘Is it time to consider ageism a hate crime?’ Belfast telegraph (29^th October 2018) https://www.belfasttelegraph.co.uk/life/features/is-it-time-to-consider-ageism-a-hate-crime-37463577.html Accessed 26 November 2018

Weaver M, ‘Hate crime surge linked to Brexit and 2017 terrorist attacks’ The Guardian (16^th October 2018) https://www.theguardian.com/society/2018/oct/16/hate-crime-brexit-terrorist-attacks-england-wales Accessed 26 November 2018

No Author

‘Police must tackle hate crime problems, says watchdog’ BBC News (19^th July 2018) https://www.bbc.co.uk/news/uk-44873179 Accessed 26 November 2018

‘Religious hate crimes: rise in offences recorded by police’ BBC News (16^th October 2018) https://www.bbc.co.uk/news/uk-45874265 Accessed 25 November 2018

Blogs

Hall J, ‘Do the UK’s hate crime laws actually work? (Vice, 27^th September 2018) https://www.vice.com/en_uk/article/438wdb/do-the-uks-hate-crime-laws-actually-work Accessed 26 November 2018

Korotana I, ‘Hate crimes in the UK’ (Into the ether, 22^nd June 2017) https://www.amnesty.org.uk/blogs/ether/hate-crimes-uk-victims-stories Accessed 26 November 2018

Moore C, ‘Isn’t every crime a hate crime?’ (The Spectator, 21^st October 2018) https://blogs.spectator.co.uk/2018/10/isnt-every-crime-a-hate-crime/ Accessed 26 November 2018

O’Neill B, ‘The problem with hate crime’ (The Spectator, 16^th October 2018) https://blogs.spectator.co.uk/2018/10/the-problem-with-hate-crime/ Accessed 26 November 2018

Books

Sherry M, ‘Disability Hate Crimes: Does Anyone Really Hate Disabled People?’ (1^st edn Routledge 2016)

Websites

Authored

Dryden S, ‘A short history of LGBT rights in the UK’ https://www.bl.uk/lgbtq-histories/articles/a-short-history-of-lgbt-rights-in-the-uk Accessed 27 November 2018

No Author

‘Hate speech Vs free speech: what are the UK laws?’ https://www.theweek.co.uk/97552/hate-speech-vs-free-speech-what-are-the-uk-laws Accessed 27 November 2018

‘Hate Crime’ https://www.cps.gov.uk/hate-crime Accessed 24 November 2018

Hate crime undermines the diversity and tolerance we should instead be celebrating’ https://news.npcc.police.uk/releases/hate-crime-undermines-the-diversity-and-tolerance-we-should-instead-be-celebrating-1 accessed 26 November 2018

‘Tackling hate crime in the UK’ https://www.amnesty.org.uk/files/Against-Hate-Briefing-AIUK.pdf Accessed 26 November 2018

Picture references

Picture one: ‘Hate Crime’ https://www.cps.gov.uk/hate-crime Accessed 24 November 2018

Picture two: ‘Religious hate crimes: rise in offences recorded by police’ BBC News (16^th October 2018) https://www.bbc.co.uk/news/uk-45874265 Accessed 25 November 2018

Picture three: https://www.universalhub.com/2017/sea-protesters-fills-common-flows-down-beacon Accessed 17 November 2018

Picture four: https://www2.le.ac.uk/departments/criminology/hate/copy_of_images/i-want-to-be-able-to-do-everyday-things-without-feeling-scared/view