The Law Commission published a consultation recently asking whether or not the laws around hate crime should be reformed to cover disability, sexual orientation and gender, race and religion.
At the moment under the Crime and Disorder Act 1998, people who commit disability hate crimes can receive tougher sentences, but specific ‘aggravated offences’ and ‘stirring up offences’ only apply to hate crimes motivated by a person’s race, religion or sexual orientation.
The consultation will look into extending the law, so that all the groups under the existing law have the same protection from hate crime. The questions it is asking are whether existing criminal offences provide adequate protection against the types of conduct that are occurring against members of the protected groups.
It is also concerned with whether the courts’ existing sentencing powers provide a sufficient response in all cases and whether extending the offences would create uncertainty or have unintended adverse consequences.
The current criminal law also provides protection under the Public Order Act 1986 against those who publish material that is intended or likely to stir up hatred against people on the grounds of race, religion or sexual orientation.
However, the law does not currently provide the same protection where it is intended or likely to stir up hatred on grounds of disability or transgender identity.
The consultation closes on Friday, 27 September and the Law Commission welcomes responses from any interested parties, who can either fill out a form and post it to the Commission in London or send them an email. There is also an easy to read version of the consultation.
The responses will be collated into a report, which will be published in the spring of next year.