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 pre-conceived 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

• 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.

0808 802 1155

Any Questions?