Hate crime now subject of English Law Commission paper

Proposals to reform hate crime laws in England & Wales have been published for consultation by the Law Commission today, as an announcement is expected from Scottish ministers on the controversy surrounding the current Scottish bill.

The Law Commission is aiming to remove the disparity in the way hate crime laws treat the various protected characteristic – race, religion, sexual orientation, disability and transgender identity. It also proposes that sex or gender be added to the protected characteristics for the first time, and that criteria should be established for deciding whether any additional characteristics should be recognised in hate crime laws, and is consulting further on certain characteristics, in particular age, along with sex workers, the homeless, alternative subcultures such as being a goth, and philosophical beliefs such as humanism.

Adding sex or gender to the protected characteristics would enhance protections against crimes based on misogyny. To explore the risk of unintended consequences, the Commission has asked questions about the implications of this change in the context of sexual offences and domestic abuse, where there is already a well established set of laws and practices which aim to protect victims.

As regards offences of stirring up hatred, a particularly controversial aspect of the Scottish bill, the Commission would focus on deliberate incitement of hatred, providing greater protection for freedom of speech where no intent to incite hatred can be proven. It believes these offences should be less difficult to prosecute where the defendant clearly intended to stir up hatred, but that the law should provide greater protection for freedom of expression where such intention cannot be proven. The offences would be extended to cover incitement of hatred towards disabled and transgender people, and hatred on grounds of sex/gender.

The Commission also proposes that the offence of racist chanting at football matches should be expanded to cover homophobic chanting, and other forms of behaviour such as gestures and throwing missiles at players.

Professor Penney Lewis, Criminal Law Commissioner commented: "Our proposals will ensure all protected characteristics are treated in the same way, and that women enjoy hate crime protection for the first time."

Click here to access the paper. Consultation is running until 24 December 2020.