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 preconceived 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 1st 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 Tell Someone! • 999 Emergency • 101 Non emergency • 0800 830007 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 – www.report-it.org.uk • Information on different forms of hate crime • National organisations’ contact details • On-line reporting facility 0808 802 1155 • 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 : 0808 802 1155 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?