Hate Crime The UK Approach Bradford 25th July 2011 Superintendent Paul Giannasi What is a Hate Crime? • • • • • Criminal Justice System Definition • ‘Hate crimes and incidents are taken to mean any crime or incident where the perpetrator’s prejudice against an identifiable group of people is a factor in determining who is victimised’. Hate? • Hostility not hate –”In the absence of a precise legal definition of hostility, let us consider dictionary definitions including 'unfriendliness', 'antagonism' and 'meanness” – Director of Public Prosecutions October 2008 Human RIghts Approach Adopted Stephen Lawrence Inquiry Definition • Importance of ‘Perception’ • Controversial, but still a key principle • Importance of Non-Crime Incidents • Even more controversial/ badly executed Strands of ‘Monitored’ Hate Crime • Disability, Race, Religion, Sexual Orientation and Transgender houhuhuuhuh Where we are - International Performance (2009) United Kingdom 52,102 USA 7,800 (2008) Russian Federation 460 (2008) Italy - 142 Greece - 2 3 Where we are - National Crimes 2009 Race - 43,426 Sexual Orientation - 4,805 Religion - 2,083 United Kingdom 52,102 Disability - 1,402 Transgender - 312 Prosecutions - 14,186 Enhanced Sentencing - ? 4 Why is Hate Crime so important? • • • • • • Has a greater impact on the victim • ‘An absent presence’ Affects wider community Has an impact on community cohesion Affects confidence in the police and others Prevents escalation in seriousness It is a government priority • particularly under-reporting True Vision - www.report-it.org.uk 5 Legislative Tools • • • Incitement to hatred • Race • Religion • Sexual Orientation Racially and Religiously Motivated Offences • Limited • Creates Unintended Hierarchy Enhanced Sentencing • Section 145 and 146 Criminal Justice Act 2003 • Racially and Religiously Aggravated Offences • Not optional • Gee Walker • Not reliable True Vision - www.report-it.org.uk How did we get here? • Stephen Lawrence • Johnny Delaney • 1993 London 2003 Cheshire ‘He deserved it, he's only a fucking Gyppo’ • Anthony Walker 2005 Merseyside • Jody Dobrowski 2005 London • Brent Martin 2007 Sunderland • • “I’m not going down for a Muppet.” Sophie Lancaster 2007 Lancashire True 7Vision - www.report-it.org.uk Current Challenges • The ‘New Right’ • • • • • Preventing Violent Extremism ‘New’ Crimes • • • • • New Tactics Blurring of boundaries Rise in Neo-Nazism Forced Marriage Female Genital Mutilation Child Sexual Exploitation People Trafficking New Communities The Vision • • • • Coalition Government commitment to increase reporting ‘Hierarchy of Hate’ • “I have heard arguments that say that by broadening our attention we dilute the effort to eradicate racism – I can not accept that argument. The same bigotry that fuels racism fuels other types of hate.” Challenge to give consistently high Level of service • “We must seek to provide the same high degree of service to all hate crime victims. This must mean that all areas achieve the same high standard; I can assure you that I would never allow this to mean that our efforts to combat racism should be diluted in any way.” Need for ‘cohesive services’ • Consistency of service • Across government • Criminal justice agencies • Local partnerships • Third sector? True Vision - www.report-it.org.uk 9 Where we are – Quality of Service • • 1993 Murder of Stephen Lawrence 2005 Murder of Anthony Walker • • 2005 Murder of Jody Dobrowski • • “The handling of the Anthony Walker prosecution has indeed set a standard which we can and surely must aim to achieve in all similar cases” - Baroness Scotland, Nov 2007 "This is unacceptable. We cannot accept this. No intelligent, healthy or reasonable society could." – Dobrowski family statement 2006 But…….. • • Significant under-reporting Many ‘Gaps’ in service • • • • Gypsy and Traveller Communities Asylum and Refugee communities Transgender Victims Disability Groups True Vision - www.report-it.org.uk EHRC Inquiry • • • • • • • • Duty on Agencies to eliminate harassment Response to a series of high profile Murders Some trends emerging Poor identification of hate crime Inquiry announced in December ACPO Declares Critical Incident Guidance in ACPO Manual Possible considerations • Agency cooperation • Ability to identify targeted or repeated crime and ASB • Police and other agency ‘culture’ of de-selection • Neighbourhood policing in ‘Sink’ estates 8 The Internet • Internet Challenges • • Web 2.0 New offending behaviour • Anonymity • freedom from social norms • • • • • • • International Disparity ‘Lifting the stone’ International co-operation or international apathy Geographical Jurisdiction Industry ignorance / apathy / inability? Opportunities as well as threats Gaps in Academic Understanding 9 • Link between exposure to hate material and physical offending • Links between Exposure to hate material and a sense of belonging / fear of crime True Vision - www.report-it.org.uk Paul Giannasi paul.giannasi@cjs.gsi.gov.uk