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Hate Crime The UK Approach

Hate Crime The UK Approach. Bradford 25th July 2011 Superintendent Paul Giannasi. What is a Hate Crime?. Criminal Justice System Definition

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Hate Crime The UK Approach

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  1. Hate Crime The UK Approach Bradford 25th July 2011 Superintendent Paul Giannasi

  2. 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

  3. Where we are - International Performance (2009) United Kingdom 52,102 USA 7,800 (2008) Russian Federation 460 (2008) Italy - 142 Greece - 2 3

  4. Where we are - National Crimes 2009 Race - 43,426 Sexual Orientation - 4,805 United Kingdom 52,102 Religion - 2,083 Disability - 1,402 Transgender - 312 Prosecutions - 14,186 Enhanced Sentencing - ? 4

  5. 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

  6. 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

  7. How did we get here? • Stephen Lawrence 1993 London • Johnny Delaney 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 7 True Vision - www.report-it.org.uk

  8. Current Challenges • The ‘New Right’ • New Tactics • Blurring of boundaries • Rise in Neo-Nazism • Preventing Violent Extremism • ‘New’ Crimes • Forced Marriage • Female Genital Mutilation • Child Sexual Exploitation • People Trafficking • New Communities

  9. 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

  10. Where we are – Quality of Service • 1993 Murder of Stephen Lawrence • 2005 Murder of Anthony Walker • “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 • 2005 Murder of Jody Dobrowski • "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

  11. 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

  12. 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 • Link between exposure to hate material and physical offending • Links between Exposure to hate material and a sense of belonging / fear of crime 9

  13. True Vision - www.report-it.org.uk Paul Giannasipaul.giannasi@cjs.gsi.gov.uk

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