The Crime and Disorder Act 1998 and section 66 of the Sentencing Act 20208 allows for any crime to be prosecuted as a hate crime if the offender has either:
- Demonstrated hostility based on race, religion, disability, sexual orientation, or transgender identity; or
- Been motivated by hostility-based race, religion, disability, sexual orientation, or transgender identity
These characteristics are defined under section 66, subsection (1).
This legislation allows for a sentence uplift to increase the sentence for those convicted of a hate crime. This means that if a criminal offence is considered to be fuelled by hate they can receive a harsher sentence.
The Anti-Social Behaviour (ASB), Crime and Policing Act 2014 was introduced to provide simpler and more effective powers to tackle ASB using a victim centred approach. This legislation introduced ASB Case Reviews (previously named Community Triggers) to give people a greater say on how agencies respond to complaints of ASB. In H&F, an individual can request an ASB Case Review if after reporting a single hate crime or hate incident they do not believe sufficient action was taken.
The Equality Act (2010)9 legally protects people from discrimination and replaced previous anti-discrimination laws with a single Act. The Act recognises 9 types of 'protected characteristics' outlined in section 4.18.
The national approach to tackling hate crime
In 2016, the UK government set out a plan10 for tackling crimes motivated by hate. The plan included 5 themes:
- Preventing hate crime by challenging beliefs and attitudes
- Responding to hate crime within our communities
- Increasing the reporting of hate crime
- Improving support for victims of hate crime
- Building our understanding of hate crime
In 2018, an update was provided to reflect on the progress made. The 5 themes were unchanged; however, the update placed a greater focus on emerging trends such as online hate crime.
8 Sentencing Act 2020 (legislation.gov.uk)
9 Discrimination: your rights: Types of discrimination ('protected characteristics') - GOV.UK (www.gov.uk)
10 Action against Hate- The UK Government's plan for tackling hate crime – 'two years on'
Misogyny
In 2021, the House of Lords called for current hate crime legislation to be amended to include characteristics of sex and/or gender, and officially recognise misogyny as a hate crime across England and Wales.
While the term has no legal definition, misogyny in relation to hate crime has been previously defined as 'incidents against women that are motivated by an attitude of a man towards a woman, and includes behaviour targeted towards a woman by men simply because they are a woman.' 11
Following a recommendation from the Law Commission's report (2021), the government maintained that misogyny should not be considered a hate crime.12
Pan-London
Metropolitan Police 'New Met for London' Plan
In 2023, the Metropolitan Police Service (MPS) published 'A New Met For London' Plan which acknowledged the need to improve public trust in the Metropolitan Police, particularly amongst Black, ethnic minority and LGBTQ+ communities and women where trust and confidence has been damaged.
The two-year plan outlined the Metropolitan Police Service's commitment to improving trust, reducing crime, and improving standards and focused on three areas of reform:
- Community crime-fighting – reduce crime, rebuild trust and work with local communities to tackle crime and anti-social behaviour
- Culture change - become a police service that does not discriminate – tackling racism, misogyny, and homophobia, and reflect the diversity of London
- Fixing our foundations – ensure police officers are given the training, equipment, and tools they need to succeed in cutting crime
For example, a new Culture, Diversity and Inclusion Directorate has been created within the Metropolitan Police Service with a focus on all marginalised groups.
The plan also commits to increasing the proportion of positive outcomes for victims of hate crime and reducing the number of repeat victims of hate crime.
11 South Wales Business School Research, Misogyny as a hate crime - Is it all that it seems? | University of South Wales.
12 Making misogyny a hate crime: Police, Crime, Sentencing and Courts Bill 2021 factsheet - GOV.UK (www.gov.uk)
Building a Safer London – Police and Crime Plan for London 2022-25
The Mayor's Office for Policing and Crime (MOPAC) launched its Police and Crime Plan in 2022. One of the five key priorities is 'Preventing Hate Crime', stating that "there will be a zero-tolerance approach to hate crime".
MOPAC committed to delivering this by:
- Championing London's diversity
- Ensuring victims of hate crime receive specialist support that best meets their needs
- Building community confidence and resilience to stand against hate
- Working with the criminal justice system (CJS) to address behaviour of hate crime offenders
- Working with communities most affected by hate crime through Independent Advisory Groups (IAGs) to increase the percentage of hate crimes solved and improve satisfaction for victims
- Ensure Transport for London (TfL), British Transport Police (BTP) and the MPS will continue to take a zero-tolerance approach to hate crime
Mayor's Action Plan – Transparency, Accountability and Trust in Policing
In November 2020, the Mayor of London released an action plan to improve trust and confidence in the MPS and address community concerns about disproportionality in the use of certain police powers affecting Black Londoners.
As a partnership we will continue to monitor key policy changes throughout the life of this strategy as we continue to improve our response to hate crime.