CPS query on hate crime... any legal experts please.

[AnyOldPrion]

I have a question about the law, having recently received a notice from an official body regarding discrimination.

It doesn’t directly mention these as «protected characteristics» but the things listed are much the same, except for gender in place of sex in the first part of the list.

The second goes on to discuss «hate crime» and lists «transgender identity» which of course is not a protected characteristic under the EA.

I wanted to check whether the protected characteristics relating to «hate crime» were the same as those in the EA, which was what I had assumed.

I searched online and the CPS guidance does indeed list «transgender identity». Is this correct... are the «hate crime» protections worded differently?

www.cps.gov.uk/hate-crime

Citizens Advice have a plain English explanation. IDK if it helps but they list the protected categories and the difference between a hate incident and a hate crime;

• disability
• race
• religion
• transgender identity
• sexual orientation.

www.citizensadvice.org.uk/law-and-courts/discrimination/hate-crime/what-are-hate-incidents-and-hate-crime/

Yes they are different. You may also find if you look at your local council website they have their own list of what constitutes characteristics for a 'hate incident', which also differs slightly from the hate crime ones.

Locally to me the 'incident' ones list 'gender identity' and the 'crime' ones list 'transgender identity'.

I believe the 'incident' ones are determined by the council.
Clear as mud!

Goes without saying, obviously, that 'sex' appears in neither list. No such thing as a sex-based hate crime or incident.

Yes they are different.

Protected characteristics are about not discriminating about jobs, goods and services.

Hate crime is about criminal law and you're right that the list is more or less the same apart from sex. Reason being that crimes committed against women because they are women are considered normal, and that if it was included the police would be run off their feet, and there is no public appetite for it.

Someone aggressively verbally attacking / threatening a gay man for eg with homophobic language is a crime of harassment plus hate. Man verbally attacking threatening a woman with language like bitch slut whore is just everyday.

I mean the police can't even be arsed with rape so...

There have been a number of attempts to get misogyny made a hate crime but so far no luck.

Some Violence Against Women's groups are promoting a petition that grew out of Nottingham Police who had a trial period for women to be abel to report hate crimes.

Google "Make Misogyny a Hate Crime"

People were enraged by the Nottingham thing. Lots of stuff about men going to prison for wolf whistling.

The actual results were women feeling more comfortable about reporting serious crime.

Are Nottingham still doing it?

The Law Commission lists «transgender status»

The plot thickens...

www.lawcom.gov.uk/project/hate-crime/

www.google.com/amp/s/www.bbc.co.uk/news/amp/uk-england-nottinghamshire-44740362

Anyway, thanks for the responses.

Annoyingly, I’d already fired off an e-mail and now have had to backtrack. Way to go me, for flagging myself up as Terven to my official professional body...

Oh well, just have to keep plodding on...

Not sure about including more hate crime categories. I think if a crime is committed and the judge takes the circumstances into account when sentencing, selecting out which particular areas of nastiness are included actually risks minimising others.

Though the BBC article did say it was shocking people with the sheer numbers of misogynistic crimes, so if they have to remain, that should be added.

But as we’ve seen from Harry the Owl, the whole concept of hate incidents should absolutely be abolished.