Racially Motivated Crime
Crime & Disorder Act 1998: Guidance on Racially Aggravated Offences
Guidance on racially aggravated offences in the Crime and Disorder Act 1998. Includes guidance on the scope and meaning of "racially aggravated" with practical examples. Detailed information on the issues relating to motivation and racial hostility, alternative verdicts and maximum penalties. Provides background information on the provisions relating to racial motive or hostility as an aggravating factor in sentencing.
Background
The purpose of this guide is to provide introductory guidance and information on the racially aggravated offences in Part II of the Crime and Disorder Act 1998.
The Government introduced these new offences in order to deal with the problem of racist violence and harassment. The Government recognises that racist crime does not simply injure the victim or their property, it affects the whole family and it erodes the standards of decency of the wider community. Trust and understanding built up over many years between communities can be eroded by the climate of fear and anxiety which can surround a racist incident.
These offences are also designed to ensure that a higher priority is given to the identification of the racial element of the crime in the gathering of evidence, thus preventing the racial aspect from being overlooked
Racial Incidents
The Association of Chief Police Officers (ACPO) define a racial incident as:
"Any incident in which it appears to the reporting or investigating officer that the complaint involves an element of racial motivation; or any incident which includes an allegation of racial motivation made by any person."
Racial incidents in England and Wales have been separately recorded by the police since 1988 and figures have risen in almost every year since that date. In 1996/1997, 13,151 racial incidents were recorded by the police. These included incidents of verbal abuse and threatening behaviour, assault and property damage.
ACPO have set out basic standards for recording racial incidents and individual forces have produced detailed step-by-step guidance. In particular, the ACPO Policy Principles for Dealing with Racial Incidents state:
"There should be a presumption towards prosecution in all racially motivated incidents and the effectiveness of police response enhanced by promoting increased prosecutions, where evidence allows, thus demonstrating to perpetrators that their actions will not be tolerated."
Further guidance is available in the ACPO "Good Practice Guide for Police Response to Racial Incidents" published in April 1998.
Crown Prosecution Service
The Code for Crown Prosecutors provides a two stage test in the decision to prosecute. The first stage is an evidential test. The case must pass the evidential test and cannot proceed unless it does, no matter how serious it may be.
If there is enough evidence to provide a realistic prospect of conviction, the public interest must be considered. The more serious the offence, the more likely that a prosecution will be needed in the public interest. The Code includes, in the list of common public interest factors in favour of prosecution;
"the offence was motivated by any form of discrimination against the victim's ethnic or national origin, sex, religious beliefs, political views or sexual preference;"
CPS Racial Incident Monitoring Scheme
The CPS gathers information on prosecution decisions and outcomes in all cases identified by the police or the CPS as racial incidents, using the ACPO definition. The Scheme is an important aspect of the CPS commitment to combatting racial incidents. The results of the Scheme are published annually and are used by the police and CPS to work together to improve the identification of cases where there is a racial motivation. The existing Scheme which has been in place since April 1995 will be reviewed and updated to take account of the provisions of this Act.
Guide content
The guide covers:
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Scope of “racially” aggravated
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Meaning of racially aggravated
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Alternative verdicts
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Racially aggravated offences - assaults, criminal damage, public order offences and harassment
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Increased sentence for racial aggravation
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Information relating to existing offences under the Offences Against the Person Act 1861, the Criminal Damage Act 1971, the Public Order Act 1986 and the Protection from Harassment Act 1997.
Getting a copy
The full guidance is available from: Racially Aggravated Offences
Last update: 09/09/03