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A Practical Guide to the Law in Relation to Hate Crime

A Practical Guide to the Law in Relation to Hate Crime

Author: Ramya Nagesh
Publisher: Law Brief Publishing
ISBN: 9781912687657
Published In: April 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 699.86

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The concept of hate crime in itself is not new; so long as minorities have existed, so too have crimes targeting them for their minority status. However, the way in which the law deals with such crimes has undergone numerous changes over the years. For example, hate crime legislation no longer encompasses racial or religious aggravation alone, but has been extended to apply to characteristics such as disability, sexual orientation and transgender identity, with ongoing debate as to whether it should broaden its definition to a greater range of characteristics.

It is vital for any practitioner, student or indeed anyone with an interest in this fast-growing area, to have an understanding of its governing legislation, precedent and key issues.

This book, A Practical Guide to The Law In Relation to Hate Crime, is designed to give the reader exactly that knowledge. Its contents include an analysis of all the relevant legislation, key Court decisions, issues that may arise when prosecuting or defending a case with a hate crime element and tips for approaching a case with a hate crime element. In short, it is a practical and comprehensive guide to hate crime law at your fingertips, and will be an essential tool for all those involved in prosecuting or defending cases with a hate crime element.

Chapter One – A History of Hate and the Law

Race and Religion

Sexual Orientation and Gender Identity

Disability Rights

Chapter Two – An Overview of the Law

Specific Statutory Offences

The Crime and Disorder Act 1998

Public Order Act 1986

Football Offences Act 1991

The Ecclesiastical Courts Jurisdiction Act 1860

Offences Against the Person Act 1861

Sentencing Uplift

Section 145 of the Criminal Justice Act 2003

Section 146 of the Criminal Justice Act 2003

Sentencing Hate Crimes: the Staged Approach

Chapter Three – Key Concepts in the Law of Hate Crime

Hostility

Demonstrating Hostility

What Constitutes a Demonstration?

Demonstration Versus Motivation

The Immediacy Requirement

Relevance of the Victim’s Perception

Group Offending and the Demonstration of Hostility

Motivated by Hostility

Motivated Wholly or in Part

Evidence That May Prove Motivation

Targeted Versus Motivated By

Protected Groups

What Constitutes a Racial or Religious Group?

What Constitutes Disability?

What Constitutes Sexual Orientation?

What Constitutes Transgender Identity?

Chapter Four – The Statutory Offences

The Crime and Disorder Act 1998

Section 28 of the Crime and Disorder Act 1998

Section 29 of the Crime and Disorder Act 1998

Section 30 of the Crime and Disorder Act 1998

Section 31 of the Crime and Disorder Act 1998

Section 32 of the Crime and Disorder Act 1998

The Public Order Act 1986

Offences by a Corporation

Mode of Trial of the Offences Under the 1986 Act

Statutory Sentencing Provisions

Sections 17, 29A and 29AB of the Public Order Act 1986

Sections 18 and 29B of the Public Order Act 1986

Sections 19 and 29C of the Public Order Act 1986

Sections 20 and 29D of the Public Order Act 1986

Sections 21 and 29E of the Public Order Act 1986

Sections 22 and 29F of the Public Order Act 1986

Sections 23 and 29G of the Public Order Act 1986

The Football Offences Act 1991

Offences Against Ministers and Places of Worship

Section 2 of the Ecclesiastical Courts Jurisdiction Act 1860

Section 36 of the Offences Against the Person Act 1861

Chapter Five – The Sentencing Uplift Provisions

Section 145 of the Criminal Justice Act 2003

Application of Section 145 of the Criminal Justice Act 2003

Section 146 of the Criminal Justice Act 2003

Application of Section 146 of the Criminal Justice Act 2003

Chapter Six – The Practitioner’s Toolkit

Pre-Charge Stage

Advising at the Police Station

Pre-Charge Advice

First Appearance, Plea and Trial Preparation and Pre-Trial Review Hearings

Special Measures

Hearsay and Bad Character

Trial

Sentencing

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