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References

Brown, R., Walters, M., Paterson, J. (2018). How hate crime affects a whole community. BBC. How hate crime affects a whole community - BBC News

(Burgess, M. (2016). Met Police’s £1.7 m hate crime unit to tackle social media. Wired. Police create hate crime unit to police social media | WIRED UK

CATCH. (2024). Communities Against Hate. (CATCH- Communities against Hate | Support | Advice | London (catch-hatecrime.org.uk)

COP. (2014). National Hate Crime Strategy 2014. https://library.college.police.uk/docs/college-of-policing/National-Policing-Hate-Crime-Strategy.pdf?

COLP. (2022). City of London Policing Plan 2022-2025. City of London Policing Plan 2022 to 2025

COLP. (2023). City of London Police Annual report 2022-23. PowerPoint Presentation (cityoflondon.police.uk)

CoLP. (2024). How to report hate crime. How to report hate crime | City of London Police

COLP. (2024). Neighbourhood policing and Engagement Strategy. Neighbourhood Policing and Engagement Strategy 2024-2025 (cityoflondon.police.uk)

City of London Corporation. (2023). Hate Crime Awareness Week. Hate Crime Awareness Week: City policing head urges public to call out hate crime (cityoflondon.gov.uk)

City of London Corporation. (2024). Our role in London. Our role in London - City of London

City of London, SCP. (2022). Crime, Disorder and Community Safety Strategic Assessment. SCP Strategic Assessment 2022.pdf (cityoflondon.gov.uk)

City of London, SCP. (2022). Community Safety Strategy. SCP Strategy 2022-2025 (cityoflondon.gov.uk)

CPS. (2022). Public Statement on prosecuting racist and religious hate crime. Public statement on prosecuting racist and religious hate crime | The Crown Prosecution Service (cps.gov.uk)

CPS. (2022). Racist and Religious Hate Crime – Prosecution Guidance. Racist and Religious Hate Crime - Prosecution Guidance | The Crown Prosecution Service (cps.gov.uk)

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References Continued.

Full Fact. (2024). How the Police service works. Full Fact

GOV.UK. (2024). Code of Practice for Victims of crime in England and Wales (Victims Code). Code of Practice for Victims of Crime in England and Wales (Victims' Code) - GOV.UK (www.gov.uk)

Greater London Authority. (2023). Community Resilience for Faith Communities. Community Resilience for Faith Communities | London City Hall

Home Office. (2023). The Strategic Policing Requirement. Strategic Policing Requirement (publishing.service.gov.uk)

HM Government. (2024). Hate Crime. Hate Crime

HMICFRS. (2018). Understanding the difference. understanding-the-difference-the-initial-police-response-to-hate-crime.pdf (justiceinspectorates.gov.uk)

Horsburgh, M. (2023). City of London Police Vulnerability Deep Dive. Committee Report Template (cityoflondon.gov.uk)

Home Office. (2016). Action Against Hate. The UK Governments plan for tackling hate crime. Action Against Hate. The UK Government's plan for tackling hate crime (publishing.service.gov.uk)

Home Office. (2023). Hate Crime England & Wales 2022 to 2023. hate-crime-england-and-wales-2022-to-2023-data-tables-second-edition.ods (live.com)

INHS. (2013). About Us. About Us - The International Network for Hate Studies (internationalhatestudies.com)

GOV. (2024). Crime and Disorder Act 1998. Crime and Disorder Act 1998 (legislation.gov.uk)

Mayor of London. (2017). A Hate crime reduction strategy. mopac_hate_crime_reduction_strategy.pdf (london.gov.uk)

Mayor of London. (2017. Mayor launches new unit to tackle online hate crime. Mayor launches new unit to tackle online hate crime | London City Hall

Metropolitan Police. (2023). Policing Operation. Met releases details of policing operation ahead of further protests | Metropolitan Police

Metropolitan Police. (2019). Metropolitan Police Service. metropolitan-police-service-information-pack.pdf

Metropolitan Police. (2024). Structure. The structure of the Met and its personnel | Metropolitan Police

Metropolitan Police. (2021). STRIDE. The MET’s Strategy for Inclusion, Diversity and Engagement. The Met’s Strategy for Inclusion, Diversity and Engagement (STRIDE) 2021-2025

Metropolitan Police. (2018). Keeping London Safe. the-mets-direction---our-strategy-2018---2025.pdf

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MPS covers 620 square miles, has a residential population of  nine million increasing with daily visitors, with 287 ethnic groups it is one of the most ethnically diverse places in the UK (Trust for London, 2023).

MPS has 35,000 police officers supported by police staff and Police Community Support Officers (PCSO) and is allocated 25% of the total police budget for the whole of England and Wales (Metropolitan Police (MP), 2024).

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In comparison to MPS, CoLP is unique with a different crime profile compared to the national picture (CoLP, 2023) covering an area of 1.12 square miles, home to  8000 residents.

With daily commuters this can swell to half a million people with another ten million annual visitors (City of London Corporation, 2024).

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The City of London forms part of London as a whole, along with the 32 London boroughs who have responsibility for local government services within their local area.

London

London covers an area of 607 square miles with a population of over 8.5m and is administered by the Greater London Authority (GLA). Based in City Hall, the GLA is governed by the Mayor of London, currently Sadiq Khan, and the London Assembly. It provides the wider strategic direction for the capital and its policies cover all 32 boroughs and the City of London.

The City of London (the Square Mile)

The City of London, also known as the Square Mile, is the financial district of London.

It is the ancient core from which the rest of London developed. It has been a centre for settlement, trade, commerce and ceremony since the Roman period, producing a unique historic environment of exceptional richness and significance.

One of the reasons the Square Mile is unique, is the number of people who live, work and visit. In just 1.12 square miles, the City of London counts around 8,000 residents, 513,000 daily commuters and 10m annual visitors. The City of London boundaries stretch from Temple to the Tower of London, on the River Thames including, from west to east Chancery Lane and Liverpool Street.

The City of London Corporation

Based in Guildhall, the City Corporation looks after and promotes the City of London. It is headed by the Lord Mayor with the Court of Common Council being its main decision-making body. We are a uniquely diverse organisation, with a role that goes beyond that of an ordinary local authority. We have our own government (the oldest in the country with origins pre-dating Parliament), our own Lord Mayor and independent police force.

As the governing body of the Square Mile, we are dedicated to a vibrant and thriving City, supporting a diverse and sustainable London within a globally-successful UK. We aim to:

Contribute to a flourishing society

Support a thriving economy

Shape outstanding environments

By strengthening the connections, capacity and character of the City, London and the UK for the benefit of people who live, work and visit here. Our reach extends far beyond the Square Mile's boundaries and across private, public and voluntary sector responsibilities. This, along with our independent and non-party political voice and convening power, enables us to promote the interests of people and organisations across London and the UK and play a valued role on the world stage. Find out more about our vision in our Corporate Plan.

What we are responsible for

We provide local government services for residents and City workers based in the Square Mile, but not those of other boroughs. If you are unsure which borough you need to contact, find your local council will help you find the website for your local authority.

However, our unique role means that our reach does extend beyond the City to include:
Services covering the whole Greater London area

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The City of London covers the area of London known as the Square Mile. Find out who we are.

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The predominant population ethnicity in the City is white representing 69% (Varbes, 2023).

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Demographics by Age and Gender

According to mid-year population estimates published by the ONS in 2019, males account for 54.9% of City of London's 8,618 population, while females made up 45.1% of the total.

The sex ratio (the number of males for each female in a population) was 121.485 males to every 100 females in 2021. In England as a whole, the gender ratio was 96 males to every 100 females in 2021.

Age statistics collected by the ONS show the adult population of City of London, that is how many people there are over the age of 18, is 8,085.

City of London's age structure shows the working-age population to be 6,845 which is 79.4% of the population. People under the age of 16 represent 6.2% of the population, and over 65s represent 14.4% of the population. The percentage of the population that is of working-age has decreased over the last 10 years from to .

City of London age pyramid

City of London's age pyramid shows how the population is distributed by age and gender.

The median average age of someone in City of London was 37.2 years in 2019.

Of the City of London population over the age of 90, women outnumber men by 0.7 to 1.

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City of London Demographics | Age, Ethnicity, Religion, Wellbeing

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Interactive demographic charts and facts for City of London. Religious and racial demographics, age distribution and wellbeing.

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CoLP responds in several different ways; for serious hate crime they have a dedicated Public Protection Unit to pursue offenders and investigate offences (CoLP, 2022).

Day to day, the Communities team having increased in size from 12-18 dedicated ward officers are responsible for raising awareness and reporting hate crime; organising events like Hate Crime awareness week, using social media to improve and promote awareness (Horsburgh, M. (2023).

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Setting up stands during Hate Crime Awareness Week, continually engaging and developing relationships within the community  (City of London Corporation, 2023) and through its education programme in City schools (Horsburgh, M. (2023).

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Hate Crime Awareness Week: City policing head urges public to call out hate crime

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A City of London policing leader has encouraged the public to call out hate crime when they see it.Speaking to the charity National Hate Crime Awareness Week, Chair of the City of London Police Authority Board, James Thomson, said: “when people are targeted based on their disability, race or ethnicity, religion or belief, sexual orientation, o…

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CoLP works in partnership with City of London Corporation (COLC) Police Authority Board promoting hate crime awareness (COLC, 2023). They have the Safer City Partnership (SCP), collaborating with statutory partners such as BTP, Probation Service, Social Housing, and voluntary organisations to reduce crime and harm (SCP, 2022).

SCP recognises hate crime as a strategic priority and its significant impact on victims; they provide direction and identify steps to tackle hate crime, collaborating with partners such as Victim Support, Stop Hate UK, GALOP, Equality Advisory Support Service and Disability Rights (SCP, 2022).

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In line with national strategy, CoLP ensures staff are trained in the Victims Code, actively seeking feedback to continually review performance; officers also receive unconscious bias training. CoLP aims to have an approachable policing style reflecting the diversity of the city to respond to community needs, improving engagement and increasing legitimacy (CoLP, 2022).

Mandatory leaflets are being introduced to guide victims to specialist services such as Stop Hate and True Vision online reporting portal. CoLP has a Vulnerable Victim Advocate (VVA) who can provide individual emotional and practical support (Horsburgh, M. (2023).

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Summary of Victims' Rights

1. To be able to understand and to be understood

You have the Right to be given information in a way that is easy to understand and to be provided with help to be understood, including, where necessary, access to interpretation and translation services.

2. To have the details of the crime recorded without unjustified delay

You have the Right to have details of the crime recorded by the police as soon as possible after the incident. If you are required to provide a witness statement or be interviewed, you have the Right to be provided with additional support to assist you through this process.

3. To be provided with information when reporting the crime

You have the Right to receive written confirmation when reporting a crime, to be provided with information about the criminal justice process and to be told about programmes or services for victims. This might include services where you can meet with the suspect or offender, which is known as Restorative Justice.

4. To be referred to services that support victims and have services and support tailored to your needs

You have the Right to be referred to services that support victims, which includes the Right to contact them directly, and to have your needs assessed so services and support can be tailored to meet your needs. If eligible, you have the Right to be offered a referral to specialist support services and to be told about additional support available at court, for example special measures.

5. To be provided with information about compensation

Where eligible, you have the Right to be told about how to claim compensation for any loss, damage or injury caused as a result of crime.

6. To be provided with information about the investigation and prosecution

You have the Right to be provided with updates on your case and to be told when important decisions are taken. You also have the Right, at certain stages of the justice process, to ask for decisions to be looked at again by the relevant service provider.

7. To make a Victim Personal Statement

You have the Right to make a Victim Personal Statement, which tells the court how the crime has affected you and is considered when sentencing the offender. You will be given information about the process.

8. To be given information about the trial, trial process and your role as a witness

If your case goes to court, you have the Right to be told the time, date and location of any hearing and the outcome of those hearings in a timely way. If you are required to give evidence, you have the Right to be offered appropriate help before the trial and, where possible, if the court allows, to meet with the prosecutor before giving evidence.

9. To be given information about the outcome of the case and any appeals

You have the Right to be told the outcome of the case and, if the defendant is convicted, to be given an explanation of the sentence. If the offender appeals against their conviction or sentence, you have the Right to be told about the appeal and its outcome.

10. To be paid expenses and have property returned

If you are required to attend court and give evidence, you have the Right to claim certain expenses. If any of your property was taken as evidence, you have the Right to get it back as soon as possible.

11. To be given information about the offender following a conviction

Where eligible, you have the Right to be automatically referred to the Victim Contact Scheme, which will provide you with information about the offender and their progress in prison, and if/when they become eligible for consideration of parole or release. Where applicable, you also have the Right to make a new Victim Personal Statement, in which you can say how the crime continues to affect you.

12. To make a complaint about your Rights not being met

If you believe that you have not received your Rights, you have the Right to make a complaint to the relevant service provider. If you remain unhappy, you can contact the Parliamentary and Health Service Ombudsman.

Introduction

What is the Victims' Code?

The Code of Practice for Victims of Crime (Victims' Code) sets out the services and a minimum standard for these services that must be provided to victims of crime by organisations (referred to as service providers) in England and Wales.

Who is a 'victim' under this Code?

This Code acknowledges that the terms 'complainant' and 'survivor' are often used in the criminal justice system to describe a person who has made a criminal allegation to the police. However, for the purpose of this Code, the definition of a 'victim' is:

a person who has suffered harm, including physical, mental or emotional harm or economic loss which was directly caused by a criminal offence

a close relative (or a nominated family spokesperson) of a person whose death was directly caused by a criminal offence.

You can also receive Rights under this Code if you are:

a parent or guardian of the victim if the victim is under 18 years of age or

a nominated family spokesperson if the victim has a mental impairment or has been so badly injured because of a criminal offence that they are unable to communicate or lacks the capacity to do so.

All service providers must have the victim's best interests as their primary consideration and take the victim's age, maturity, views, needs and concerns fully into account.

Which Rights will apply to you?

Which Rights apply to you will depend on whether the crime is reported to the police, if the case goes to court, and whether the defendant is convicted, as well as your personal needs and circumstances. Rights 1, 4 and 12 apply to all victims. The remaining Rights only apply where a crime has been reported to the police. The relevant service provider will tell you which Rights apply to you.

How can I expect to be treated?

You have the Right to:

be treated with respect, dignity, sensitivity, compassion and courtesy;

make informed choices that are fully respected;

have your privacy respected by service providers in accordance with their obligations under the relevant privacy and data protection laws; and

have services provided to assist you and your family to understand and engage with the criminal justice process and that are offered in a professional manner, without discrimination of any kind.

Support for witnesses

If you have suffered harm, including physical, mental or emotional harm or economic loss, as a direct result of witnessing a crime, you are a victim of crime for the purposes of this Code and are able to access services that support victims. You do not need to have provided a statement to or been interviewed by the police, or be required to attend court as a witness.

All other witnesses can access services provided under the Witness Charter rather than under this Code.

Resident status

You have the Right to services under this Code regardless of your resident status. However, if the crime was committed in England or Wales but you live elsewhere, you should access support services where you live. If you are required to give evidence in court in England or Wales, you will be able to access support services while you are in England or Wales.

Families bereaved by murder or manslaughter abroad

Families bereaved by murder or manslaughter of a British national committed outside of the United Kingdom should contact the Foreign, Commonwealth & Development Office. They provide support and information about processes in the country where the incident occurred, including repatriation of the deceased. They may also be able to refer the deceased's family to specialist support services. Further information is available by calling: 020 7008 5000 or at: Death abroad through murder or manslaughter

There is a Memorandum of Understanding to help clarify the role of the Foreign, Commonwealth & Development Office, the police and coroners in England and Wales, when a British national is a victim of murder, manslaughter or infanticide abroad. The Memorandum focuses on both the deceased and their family and explains what type of support is available.

How can I ensure I receive the best service?

Service providers will try to minimise the number of different people you have contact with during your case, and wherever possible, offer you a single point of contact for information. To assist them in delivering your Rights under this Code, you should:

What if I do not want to receive the Rights offered under this Code?

You may decide that you do not want some or all of the Rights under this Code. You should discuss this with the relevant service provider.

You can choose to opt back in to receiving Rights under this Code at any time while the case is under active investigation, or prosecution, or the offender is serving their sentence. This does not apply to the Right to access support to help you to cope, and as far as possible, recover from being a victim of crime.

This Right is available regardless of whether anyone has been charged, convicted of a criminal offence and regardless of whether you decide to report the crime to the police or you do not wish to cooperate with the investigation.

Your Right to be protected

You have the Right to be protected from re-victimisation, intimidation and retaliation during and after the investigation and proceedings. If you are concerned for your immediate safety, you should contact the police on: 999.

In the unlikely event that the suspect (pre-trial) or offender (following conviction) escapes from custody, the police will contact you. If it is assessed that the suspect or offender poses a significant risk of harm to you, they will take any necessary measures to ensure your on-going protection.

If you are receiving unwanted contact from an offender in prison, you should contact Her Majesty's Prison and Probation Service Victim Helpline on: 0300 060 669910 or email: victim.helpline@justice.gov.uk

If you receive unwanted contact from an offender who is on licence in the community, you can contact the police or if you have one, your Victim Liaison Officer. If the offender is under 18, you can also report any unwanted contact to the police, but if you know they are being supervised by a Youth Offending Team, you may wish to contact the team directly. Contact details for Youth Offending Teams are available at: www.gov.uk/government/collections/youth-offending-team-contact-details

Information provided under this Code

Service providers must include information about this Code on their websites. This information must also signpost victims to the relevant pages on: GOV.UK

Where required to share information under this Code, service providers must do so effectively and in accordance with their obligations under the Data Protection Act and General Data Protection Regulation 2018 and other relevant legislation.

Where there is a high number of victims involved in a case, such as large-scale investment frauds with multiple investor victims, or in other exceptional cases, the service provider may communicate information[footnote 10] that a victim has the Right to under this Code through alternative channels, such as their website, rather than contacting each victim individually.

Nothing in this Code requires a service provider to provide information to the victim where its disclosure:

Generally, journalists can attend and report events that happen in court. Sometimes the media may take an interest in a case and approach you and/or your family for comment. There is no obligation to speak to them. However, you should be careful that you do not do anything to risk unfairly influencing the outcome of a court case and being in contempt of court[footnote 11]

If you have any concerns or would like some advice, you can speak with the police or a victim support provider. Alternatively, you can contact the Independent Press Standards Organisation, who will talk to you about your concerns and give practical advice and guidance.

Access to medical support

If you have been the victim of crime and have a physical or mental health need as a result, you can access National Health Service services. You do not need to have reported a crime to the police in order to access these services.

If someone is seriously ill or injured and their life is at risk, call the emergency services on: 999. If it is not a life-threatening emergency, there are several options you can take. You can:

Call 111 (National Health Service England) or 0845 46 47 (National Health Service Wales) non-emergency medical helpline;

go to your local National Health Service walk-in centre or local urgent care centre/minor injuries unit or your local Accident and Emergency (A&E) service department;

visit or call your General Practitioner, who can refer you to specialist services including mental health support; or

talk to a pharmacist.

More information about National Health Service services is available at www.nhs.uk or www.wales.nhs.uk, or by calling: 111/0845 46 47 in (England/ Wales) or by visiting your General Practitioner.

As well as being referred by the police, you can also refer yourself to a Sexual Assault Referral Centre[footnote 12]. These centres have specially trained professionals who can give you both physical and mental health support if you have experienced rape or sexual assault, regardless of whether you choose to report the crime to the police or not.

You can also access a wide range of psychological and emotional counselling and therapeutic approaches provided in a wide variety of settings, for instance, the National Health Service, voluntary sector agencies and private practice. If you are not ordinarily resident in the United Kingdom, you should note that some health services are exempt from payment, such as primary care services; services for the treatment of a physical or mental condition caused by torture, female genital mutilation, domestic violence, sexual violence or if you are determined a victim of modern slavery or human trafficking. Further details are available at: www.gov.uk/guidance/nhs-entitlements-migrant-health-guide

Coroners

Coroners are not included as service providers under this Code. This is because inquests are not criminal proceedings and bereaved family members already have interested person status in inquests which gives them certain statutory Rights. This includes the Right to ask relevant questions of the witnesses and to receive disclosure of documents and other evidence. Bereaved family members of a victim of crime who are involved in an inquest should instead consult the guidance on coroners' investigations for bereaved people which is available at: www.gov.uk/government/publications/guide-to-coroner-services-andcoroner-investigations-a-short-guide

Who is responsible for meeting the Rights under this Code?

The following organisations are required to deliver the Rights under this Code:

Police and Crime Commissioners

All police forces in England and Wales, the British Transport Police and the Ministry of Defence Police

Police Witness Care Units[footnote 13]

The Crown Prosecution Service

Her Majesty's Courts and Tribunals Service

Her Majesty's Prison and Probation Service

The National Probation Service

The Parole Board for England and Wales

The Criminal Cases Review Commission

The Criminal Injuries Compensation Authority

The UK Supreme Court

Youth Offending Teams

Under this Code some victims will receive their Rights through a combination of the service providers listed above and other service providers, including:

The Competition and Markets Authority

Department for Business, Energy and Industrial Strategy (Criminal Enforcement)

The Environment Agency

The Financial Conduct Authority

The Gambling Commission

The Health and Safety Executive

Her Majesty's Revenue and Customs

Home Office (Immigration Enforcement)

The Information Commissioner's Office

Independent Office for Police Conduct

The National Crime Agency

The National Health Service

Natural Resources Wales

The Office of Rail and Road

The Serious Fraud Office

Other service providers can also have a role in relation to the investigation and/or prosecution of crimes.[footnote 14] However, unlike the police and the Crown Prosecution Service, who have a broad remit to investigate and prosecute crimes, these service providers are limited to investigating and prosecuting specific types of offences committed in certain circumstances. This will determine the way in which, and frequency with which, they come into contact with victims.

The Rights in this Code only apply where other service providers (such as those listed above) accept formal responsibility for conducting a criminal investigation or making a decision to prosecute. However, not all functions undertaken by other service providers are identical to those carried out by the police and the Crown Prosecution Service. Where functions are equivalent to a service provider under this Code (for example the other service provider is investigating or prosecuting an alleged offence), they must deliver the same Rights without unjustified delay, regardless of whether the other service provider is listed above.

The role of Police and Crime Commissioners

Police and Crime Commissioners are locally elected to secure efficient and effective policing. They have a legal duty to consult with victims in setting the policing priorities in their area and to hold the Chief Constable of the police in their area to account. They are responsible for commissioning many of the services that support victims outlined in this Code.

The role of the Commissioner for Victims and Witnesses (Victims' Commissioner)

The Victims' Commissioner is not listed as a service provider under this Code. This is because the Commissioner has a statutory duty to keep this Code under regular review. It is part of the Commissioner's role to listen to the views of victims, understand the criminal justice system from the victims' point of view and try to help improve the services and support available. The Victims' Commissioner cannot help with individual cases or challenge criminal justice agencies to make different decisions.

Enhanced Rights

This Code acknowledges that victims who are considered vulnerable or intimidated, are a victim of the most serious crime (including a bereaved close relative) or have been persistently targeted are more likely to require specialised assistance (some victims may fall into one or more of these categories). Such support may include being offered a referral to a specialist support service, being contacted sooner after key decisions and having access to special measures (see Right 4) Within each individual Right this Code highlights where such Enhanced Rights apply.

Once a service provider has identified that you are eligible for Enhanced Rights, they must ensure that this information is passed to other service providers with responsibilities under this Code and, where appropriate, to services that support victims.

If you do not fall within the categories outlined above, a service provider may decide to provide access to certain Enhanced Rights depending on your circumstances or the impact of the crime.

You are eligible for Enhanced Rights under this Code as a vulnerable[footnote 15] victim if:

you are under 18 years of age at the time of the offence,[footnote 16] or

the quality of your evidence is likely to be affected because you

suffer from mental disorder within the meaning of the Mental Health Act 1983

have a physical disability or are suffering from a physical disorder.

You are also eligible for Enhanced Rights under this Code as an intimidated victim if the service provider considers that the quality of your evidence will be affected because of your fear of distress about testifying in court.[footnote 17]

When assessing whether a victim is intimidated, the service provider must consider:

the behaviour towards the victim on the part of the suspect, members of their family or associates, or any other person who is likely to be a suspect or witness in the case

the victim's age

if relevant, the victim's social and cultural background, religious beliefs or political opinions, ethnic origin, domestic and employment circumstances

the nature and alleged circumstance of the offence to which the case relates (victims of a sexual offence or human trafficking will be considered to be intimidated), and

any views expressed by the victim.

Victims of the most serious crime

You are eligible for Enhanced Rights under this Code as a victim of the most serious crime, if you are a close relative bereaved by a criminal offence, a victim of domestic abuse, hate crime, terrorism, sexual offences, human trafficking, modern slavery, attempted murder, kidnap, false imprisonment, arson with intent to endanger life and wounding or causing grievous bodily harm with intent.

Additional Enhanced Rights that are available for bereaved close relatives are highlighted separately within each individual Right of this Code.

Persistently targeted victims

You are eligible for Enhanced Rights under this Code as a persistently targeted victim if you have been targeted repeatedly as a direct victim of crime over a period of time, particularly if you have been deliberately targeted or if you are a victim of a campaign of harassment or stalking.

Right 1: To be able to understand and to be understood

1.1 You have the Right to be helped to understand what is happening and to be understood. In considering appropriate measures, service providers must consider any relevant personal characteristics which may affect your ability to understand and to be understood. All service providers must communicate in simple and accessible language and all translation or interpretation services must be offered free of charge to the victim.

1.2 If, due to the impact of the crime, you need assistance to understand or to be understood, you can be supported by a person of your choice, unless the service provider considers that it would not be in your best interests or that it would impact the investigation or prosecution. In these circumstances, the service provider will tell you why.

1.3 If you have difficulty understanding or speaking English, you have the Right to use an interpreter[footnote 18] to help you understand, when:

reporting a criminal offence[footnote 19]

being interviewed by the police

giving evidence as a witness

1.4 You can also receive the translation of any document where it is essential for the purposes of the interview or court proceedings to read a document that is given to you, including:

the written acknowledgment of the reported crime

where it is essential for the purposes of the interview or court hearing to see a particular document that is disclosed to you, a copy of the relevant parts of the document

communication informing you of the date, time and location of the trial

the outcome of criminal proceedings and, where available, the reasons for the decision

the response to any complaint or request made under the Victims' Right to Review Scheme.[footnote 20]

1.5 You can also receive an oral translation or summary of any of the documents listed above, unless doing so would prejudice the fairness of the proceedings.

1.6 For cases heard in Wales, you have the legal Right to use Welsh when giving evidence and the court will make the necessary arrangements.[footnote 22] You also have the Right to submit a Victim Personal Statement to the Parole Board in Welsh, irrespective of the location of the offender, and to ask for a summary of the parole decision to be provided in Welsh.

Right 2: To have the details of the crime recorded without unjustified delay

2.1 You have the Right to have details of the crime recorded by the police without unjustified delay after the incident. When you report an incident, you will be asked to provide details about the crime.

2.2 If you are asked to make a witness statement, the police will explain to you that this may result in you needing to give evidence at court, if the case goes to trial.

2.3 If you are asked to be interviewed, any interview should take place without unjustified delay, the number of interviews should be kept to a minimum and where possible be conducted by the same person. The police must take any steps necessary to ensure that you (and your family) do not have unnecessary contact with the suspect.

2.4 The police must consider whether you would benefit from additional support, for example, the assistance of an interpreter, and that any interview is carried out by or through professionals trained for that purpose. They must also seek to ensure that it takes place in premises designed or adapted for the purpose. If this is not possible, the police will tell you why.

2.5 You also have the Right to request to bring a person of your choice to the interview. If this is not possible, the police will tell you why.

2.6 If the police or the Crown Prosecution Service believe that the quality of your evidence may be adversely affected by a vulnerability, they must consider whether you are eligible for support from a Registered Intermediary (see Right 4) and make any other reasonable adjustments based on your needs.

A Registered Intermediary is a self-employed communication specialist who helps vulnerable victims and witnesses with communication difficulties to give evidence to the police and to the court in criminal trials.

A victim/witness might need the help of a Registered Intermediary because of their age, a learning disability, a mental disorder or a physical disability that affects their ability to communicate. They are often the difference between a witness being able to give evidence or not.

2.7 If a medical examination is required for the purposes of the criminal proceedings, these must be kept to a minimum and are subject to your consent.

2.8 If you are a victim of sexual violence, gender-based violence or domestic abuse, you have the Right to request that the police officer conducting the interview is of a gender of your choice. The police must meet your request unless doing so would prejudice the fairness of the proceedings. If this happens, the police will tell you why.

2.9 If you are considered vulnerable, for example under 18 years of age or intimidated (see Enhanced Rights), the police will ask you, or your parent/guardian, if you would like your police interview to be video recorded to make it easier for you to tell them what happened. This may be presented as your evidence in court. You may also be able to have your court cross examination evidence pre-recorded at a time earlier and separate to the trial. The police will discuss this option with you. If you do want to give your evidence at the trial, if eligible, a court may allow you to give your evidence and be cross-examined via a live-link room away from the court or a remote site, to minimise the risk of meeting the defendant. However, if you would prefer, you can give your evidence in court. Prosecutors should make witnesses aware that while they can consider how they might like to give evidence, it will be subject to an application to the court and the final decision is made by a judge.

Right 3: To be provided with information when reporting the crime

3.1 If you report a crime to the police or have an allegation reported on your behalf, or if you are contacted as a victim in the course of investigations, you have the Right to written confirmation of your allegation. This will include the basic details of the offence, a crime reference number and the contact details of the police officer dealing with your case. The confirmation could be a letter, email, text message, or it could be written by hand.

3.2 Where the police consider there may be a risk of harm to you from sending the written confirmation, for example in domestic abuse cases, they must provide confirmation in a way that does not potentially risk your safety.

3.3 The police will explain where you can get further information about the criminal justice process and your Rights as a victim. This will include information on where and how to get advice and support. For example, where appropriate and available, how to seek compensation (see Right 5) access to medical support, specialist support, such as psychological support (including pretrial therapy and counselling), and alternative accommodation. The police will also explain what arrangements are available if you do not live in England and Wales.

Accessing Safe Accommodation

If you are experiencing domestic abuse there are a number of organisations that can provide advice and support on how to access safe accommodation. The National Domestic Abuse Helpline is staffed 24 hours a day, every day of the year, by a dedicated team of experts and can be reached on: 0808 2000 247. The Samaritans is also staffed every day, 24 hours a day, and can be contacted on: 116 123. Alternatively, a range of other services including social services, General Practitioner's, pharmacies, and the Citizens Advice Bureau can provide further information and signpost support in your area.

Further information can be found at: www.gov.uk/report-domestic-abuse. Most domestic abuse support sites have quick exit options for those with limited time. If you are in immediate danger you should contact the police on: 999.

3.4 If the offender is an adult, you have the Right to receive information about Restorative Justice from the police and how to access Restorative Justice services in your local area. If the offender is under the age of 18, you have the Right to receive information about Restorative Justice from the Youth Offending Team.[footnote 23]

3.5 Although the police are responsible for providing you with information on Restorative Justice initially, all service providers must consider whether you would benefit from receiving this information at any stage of the criminal justice process.

What is Restorative Justice?

Restorative Justice is a process that brings those harmed by crime, and those responsible for the harm, into communication. It enables everyone affected by a particular incident to play a part in repairing the harm which can be valuable in finding a positive way forward. The communication may take many forms, for some this may mean meeting the offender face-to-face, for others, this could be communicating via letter, recorded interviews or videos. Whichever form of Restorative Justice is most suited to you, trained facilitators will prepare and support you throughout.

Restorative Justice is voluntary for all parties and it must be agreed by all involved, including facilitators, that it is safe and appropriate to proceed. It will only happen if you and the offender, having acknowledged the basic facts of the case, both want to take part. You do not have to take part and you can withdraw at any time. You can ask to participate in Restorative Justice at a time that is right for you. You may be offered the opportunity to take part because the offender has been referred and it is assessed as safe.

3.6 All information under this Right must be provided within 5 working days (1 working day under Enhanced Rights) of reporting the crime.

Right 4: To be referred to services that support victims and have services and support tailored to your needs

Needs Assessments

4.1 When you report a crime to the police, you have the Right to be offered support. This will include an assessment of whether you are entitled to receive the Enhanced Rights as set out on page 10 of this Code. The more information you are able to provide during this assessment will ensure that service providers are able to offer help and support that better meets your needs.

4.2 Throughout your case, all service providers must give you the opportunity to be re-assessed if you tell them how your needs have changed.

4.3 If you are required to attend court to give evidence, you will be offered a separate needs assessment by the Witness Care Unit to determine whether you require any further help and support before the trial and at the court.

Referral to Services that support victims

4.4 Services that support victims are there to help you cope and, as far as possible, recover after a crime. Access to support is free, even if the crime hasn't been reported to the police. For further information about the support in your area, contact your local Police and Crime Commissioner[footnote 23] or visit: www.gov.uk/get-support-as-a-victim-of-crime

4.5 If you report a crime to the police, you have the Right to be referred to a service that supports victims, including Restorative Justice services. The police will tell you about all the support services available in your local area. You will be referred to a support service within 2 working days, and these services will endeavour to provide timely access to support based on availability.

4.6 If you choose not to report the crime to the police, you still have the Right to access support services at any time. You can contact local support services directly. To search for a support service near you, contact your local Police and Crime Commissioner[footnote 24] or visit: www.gov.uk/getsupport-as-a-victim-of-crime

4.7 If you are a bereaved close relative, you have the Right to have a Family Liaison Officer assigned to you by the police, where the Senior Investigating Officer considers this to be appropriate (this will happen in most cases). Your Family Liaison Officer will normally act as the single point of contact between you and service providers. If your case involves an allegation of murder or manslaughter, you also have the Right to be referred to the National Homicide Service and any other relevant specialist support service. This offer will normally be made through your Family Liaison Officer.

What is the National Homicide Service?

The National Homicide Service is a free service that provides emotional, practical, specialist and peer support to families bereaved by murder or manslaughter, including after an act of terrorism.

4.8 Depending on your needs and the nature of your case, you may be offered specialist support, for example from an Independent Sexual Violence Advisor or an Independent Domestic Violence Advisor. Your advisor will normally act as your single point of contact throughout the case and communicate with the police, Witness Care Unit and the Crown Prosecution Service on your behalf.

What is the role of an Independent Sexual Violence Advisor or Independent Domestic Violence Advisor?

An Independent Sexual Violence Advisor is an adviser who works with people who have experienced rape and sexual assault, irrespective of whether they have reported to the police.

Independent Domestic Violence Advisors work with victims of domestic abuse to understand their experiences and their risk of ongoing harm. They will develop an individual safety plan with a victim to ensure they have everything they need to become safe and start to rebuild their lives free from abuse. This plan may include supporting victims to access statutory services (such as health care and housing services), representing their voice at a Multi-Agency Risk Assessment Conference and accessing other voluntary services in their communities. Independent Domestic Violence Advisors are independent of statutory services and are able to provide victims with relevant information and advice tailored to their needs.

4.9 If you are required to give evidence in court, you have the Right to be offered a referral to a Witness Support Service (see Right 8).

4.10 At the end of your case, regardless of the outcome, you have the Right to be offered a referral to a support service even if you haven't accessed them previously. To search for a service that supports victims near you, contact your local Police and Crime Commissioner [footnote 25] or visit: www.gov.uk/get-support-as-a-victim-of-crime

Special Measures

4.11 You have the Right to have your needs assessed by the police or Witness Care Unit to determine whether you are eligible and would benefit from giving evidence using special measures.[footnote 26] The police or Witness Care Unit will explain what special measures are available and will ask for your views about which you might like to apply for.

What are special measures?

Vulnerable or intimidated victims and witnesses can ask for special measures to be used during the trial to help them give their best evidence in court and help to relieve some of the stress associated with giving evidence. If eligible, a court will decide whether special measures should be granted.

Common special measures include: having a screen/curtain around the witness box or giving evidence by live video-link, either from a separate room within the court or a dedicate live-link site outside the court building, so you do not have to face the defendant and court observers.

Other special measures include:

giving evidence in private with no press or public allowed in the court room;

removing of wigs and gowns worn by the judge, and the defence and prosecution advocates in the Crown Court;

the use of communication aids or having the help of an intermediary to understand questions; or

providing evidence or being cross-examined through pre-recorded video, which means the witness does not need to give evidence at the trial (witnesses are not able to change their minds from pre-recorded to attending trial to give evidence).

4.12 The judge or magistrate will decide whether special measures should be granted following a request from the prosecutor. The Witness Care Unit will tell you the judge's or magistrates' decision (see Right 8) and Her Majesty's Courts and Tribunals Service court staff will ensure that any special measures granted are available for you at court.

Right 5: To be provided with information about compensation

Court ordered compensation

5.1 If the defendant pleads or is found guilty, the judge or magistrate may order them to pay you compensation for any loss, damage or injury caused as a result of the crime. You have the Right to be told by the police how to seek compensation and you may be asked to provide evidence of any loss or damage, for example receipts or quotes for repairing the damage caused during the crime.

Criminal Injuries Compensation Scheme

5.2 If you have suffered a serious physical or mental injury as a direct result of a violent crime, you may be entitled to compensation through the Criminal Injuries Compensation Scheme (the Scheme).[footnote 27] The Scheme is for those injured in England,Wales and Scotland. You have the Right to be told by the police how to apply for compensation through the Scheme[footnote 28] (see Right 3).

5.3 The Criminal Injuries Compensation Authority is responsible for administering the Scheme.

5.4 Do not delay your application. You must apply as soon as reasonably practical. This should normally be within two years of the date of the incident. The Criminal Injuries Compensation Authority can only extend the time limits where there are exceptional circumstances.29 Different rules apply if you were aged under 18 years of age at the time of the incident. To be eligible for compensation, you will need to meet the wider eligibility criteria set out within the Scheme.

5.5 You should not wait for the outcome of a criminal trial to apply. Your claim is not dependent on the conviction of an offender. However, the Criminal Injuries Compensation Authority may put your application on hold until you know the outcome of the trial, if they do not have sufficient information to be able to progress your claim.

5.6 The Scheme is one of last resort. Where the opportunity exists to pursue compensation elsewhere, you should do so. An award under the Scheme will take account of other compensatory payments made to you, such as court ordered compensation or a civil personal injury award. The Criminal Injuries Compensation Authority may defer making a decision on a claim until you take reasonable steps to seek compensation through other routes available to you and await the outcome of those steps.

5.7 Once you have applied, the Criminal Injuries Compensation Authority will confirm that your application has been received and respond to all written correspondence regarding your application within 20 working days of it being received.

5.8 Having considered your application, you will be provided with information on the Right to review the Criminal Injuries Compensation Authority's decision, including the procedure and time limits for reviewing that decision.

5.9 Further information about applying for compensation can be found at: www.gov.uk/claimcompensation criminal-injury, from the police, your local support service, or by contacting the Criminal Injuries Compensation Authority on: 0300 003 3601.[^30}

5.10 Whilst it is outside of the scope of the Code, UK victims injured in terrorist attacks abroad may also be entitled to compensation through the Victims of Overseas Terrorism Compensation Scheme. Further information about applying for compensation can be found at: www.gov.uk/compensation-victim-terrorist-attack, or by contacting the Criminal Injuries Compensation Authority on: 0300 003 3601.[footnote 30]

Civil (non-criminal) compensation

5.11 It may be possible to seek compensation from the suspect or offender outside of the criminal justice process. If you want to consider applying for civil compensation, you should seek legal advice and assistance from a solicitor.

Getting legal advice/assistance on claiming compensation

5.12 If you need legal advice and/or assistance you should contact a solicitor. If you are on a low income or benefits you may be able to get Legal Aid to help cover the cost. More information on whether you are eligible for Legal Aid is available at: www.gov.uk/legal-aid

5.13 To find a local solicitor you should contact the Law Society at: www.lawsociety.org.uk

Right 6: To be provided with information about the investigation and prosecution

6.1 You have the Right to be told by the police when key decisions on the investigation are made and, where applicable, to have the reasons explained to you within 5 working days (1 working day under Enhanced Rights) of a suspect being:

arrested;

interviewed under caution;

released without charge; and

released on police bail or under investigation or if police bail conditions are changed or cancelled.

6.2 If the police decide not to investigate your case, you will be given an explanation of this decision within 5 working days (1 working day under Enhanced Rights). The police will also offer you a referral to a support service.

6.3 Where the police do investigate your case, they will discuss with you how often you would like to receive updates and your preferred method of contact. You can update your preferences at any time.

6.4 The investigation and decision on whether the case should go to court can take a long time and there may be long periods between key decisions. The police will discuss with you if you would like contact during this time and provide you with contact details if you have any questions during the investigation.

6.5 There may be times when a service provider is unable to provide you with updates and/or use your preferred method of contact, but in these instances, they will tell you why.

6.6 In some cases, the police or the Crown Prosecution Service may decide to deal with the case without taking it to court. This is called an out of court disposal.[footnote 31] This enables the incident to be dealt with relatively quickly and may prove more effective in preventing further offences.

6.7 Where the police or the Crown Prosecution Service are considering an out of court disposal you have the Right to be asked for your views and to have these views taken into account when a decision is made. Where this is not possible for practical reasons, the police or the Crown Prosecution Service will tell you why

6.8 The police or the Crown Prosecution Service will take the final decision after considering the full circumstances of the offence and your views. You have the Right to be told the reasons for their decision within 5 working days (1 working day under Enhanced Rights) of an out of court disposal being given to the offender.

6.9 When the police have finished their investigation, they may decide what should happen next or, for more serious crimes, pass the information to the Crown Prosecution Service, who will then decide if there is enough evidence to take the case to court.

6.10 If the police or the Crown Prosecution Service decide not to prosecute the suspect, you have the Right to be told within 5 working days (1 working day under Enhanced Rights) of the decision of:

the reasons for the decision;

how you can get further information;

how to seek a review and make representations under the National Police Chiefs' Council or the Crown Prosecution Service Victims' Right to Review scheme[footnote 32]; and

how to be referred to a support service.

6.11 If you are unhappy with a police or a Crown Prosecution Service decision not to prosecute the suspect, you have the Right to ask for a review under the National Police Chiefs' Council or Crown Prosecution Service Victims' Right to Review schemes.

What is the Victims' Right to Review Scheme?

The Victims' Right to Review Scheme gives victims of crime a Right to request a review of a police or Crown Prosecution Service decision not to prosecute, or to stop the case.

Police

The Victims' Right to Review Scheme gives victims the Right to ask for a review of a police decision not to prosecute33 a suspect. This applies to cases in which a suspect has been identified and interviewed under caution, either after an arrest or voluntarily. You have the Right to request a review if the police decide:

not to bring proceedings in cases where they have authority to charge; or where

the case doesn't meet the test for referring the matter to the Crown Prosecution Service for a charging decision.

Crown Prosecution Service

The Victims' Right to Review Scheme gives victims the Right to seek a review of a Crown Prosecution Service decision not to bring charges or to terminate all proceedings. Under the scheme you can seek a review of the following decisions:

not to charge;

to discontinue (or withdraw in the Magistrates' Court) all charges, thereby ending all proceedings;

to offer no evidence in all proceedings; or

to leave all charges in the proceedings to 'lie on the file' (this is the term used in circumstances where the Crown Prosecution Service makes a decision not to proceed and requests that the charges be allowed 'to lie on the file' marked 'not to be proceeded with without the leave of this Court or the Court of Appeal').

6.12 If you are a victim in a specified case[footnote 34] where the Crown Prosecution Service tells you of a decision not to charge a suspect, you have the Right to be offered a meeting unless the Crown Prosecution Service decides that a meeting should not take place. On the rare occasions where the Crown Prosecution Service decide that a meeting is not appropriate, this decision will be explained to you.

6.13 If the suspect is charged with an offence(s), you have the Right to be told by the police within 5 working days (1 working day under Enhanced Rights) of:

6.14 If you are a bereaved close relative in a qualifying case[footnote 35] you have the Right to be offered a meeting with the Crown Prosecution Service prior to or following a decision about whether or not to charge a suspect. If a decision is made to charge, the Crown Prosecution Service will explain how the case is likely to progress and answer any questions that you may have. The Crown Prosecution Service will also discuss your needs and jointly agree how regularly you will receive updates.

6.15 If, after the suspect has been charged with an offence(s), the Crown Prosecution Service decides to stop a charge and proceed with another, make a big change to a charge or stop the case, you have the Right to be told the reason why and, where the decision is to stop the case, how to ask for a review under the Crown Prosecution Services' Victims' Right to Review Scheme, if you disagree with their decision.

Right 7: To make a Victim Personal Statement

7.1 You have the Right to make a Victim Personal Statement to explain in your own words how a crime has affected you, whether physically, emotionally, financially or in any other way. This is different from a witness statement. The Victim Personal Statement is considered by the judge or magistrate when determining what sentence the defendant should receive and can also help service providers to consider what additional support you and/or your family may require.

7.2 If you are a bereaved close relative, you have the Right to make a Victim Personal Statement and the Right to have someone with you when you do so, regardless of whether you have made a witness statement.

7.3 To help you decide whether you wish to make one, you have the Right to be provided with information about the Victim Personal Statement process by the police when reporting a crime. If you decide to make a personal statement, you will be asked for your preference about whether you would like to read your statement aloud in court or to have it read on your behalf. You can also request a copy from the police and will be given an opportunity to make an additional personal statement to reflect the changing impact of the crime.

7.4 If the defendant pleads guilty, or is found guilty, and you have asked that your statement is read aloud (or played) in court, the judge or magistrate will decide whether and what sections of your personal statement should be read aloud (or played), and who should read it. The judge or magistrate will always take your preference into account when making their decision, unless there is good reason not to do so. The Witness Care Unit will let you know the judge's or magistrates' decision.

7.5 You do not have to read your Victim Personal Statement yourself or have it read on your behalf. If at first you choose to have your personal statement read aloud but later decide you do not want this, you can change your mind. Your personal statement will be considered by the judge or magistrate in the same way, whether or not it is read (or played) aloud in court.

7.6 In addition to the named point of contact for a business being able to make a Victim Personal Statement, businesses of all sizes can make an Impact Statement for Business. This is similar to a Victim Personal Statement and will be used in the same way in court, but allows the business to explain how a crime has affected it, such as direct financial loss, operational disruption or reputational damage.

7.7 The named point of contact has the Right to be provided information about the Impact Statement for Business process by the police when reporting the crime, to help them decide whether the business wishes to make one.

7.8 Further information about the Victim Personal Statement and Business Impact Statement process is available from the police and at: www.gov.uk/government/publications/victimpersonal-statement

When can I make a Victim Personal Statement?

You can make a Victim Personal Statement at any time prior to sentencing of the offender, however you may not have an opportunity to make it once the court hearing has started, especially if the defendant pleads guilty. For many victims, the best time to make a Victim Personal Statement is when they are told that the suspect has been charged and the full impact of the crime may be clearer. The police may still ask for details of the initial impact when conducting your needs assessment or taking your witness statement.

Once you have made a Victim Personal Statement, it becomes part of the court papers and you cannot withdraw or change it. However, if you remember something important, or feel that the impact of the crime on you has changed, you may make another statement.

Will the defendant be able to see my Victim Personal Statement?

If the case reaches court, the defendant will usually be allowed to read your personal statement. As with other evidence, if the court agrees it is relevant to the case, the defence can ask you questions about the contents of your personal statement. If your statement is read aloud in court, what is said could be reported by the media.

Further questions or help recording your Victim Personal Statement

If you have questions about making a Victim Personal Statement, how it will be used or what to include, you can speak with the police, Witness Care Unit or a support service for victims of crime. They can also help you to record it.

Victim Personal Statements in parole hearings or tariff review[footnote 36] hearings

7.9 You can ask that your original Victim Personal Statement be used at tariff review hearings and at Parole Board hearings. However, you are entitled to write a new Victim Personal Statement for these hearings, where you are able explain how the crime continues to affect you and/or your family, and the impact that any outcome at one of these hearings may have on you. Different rules apply to a Victim Personal Statement made to the Parole Board, (see Right 11).

Right 8: To be given information about the trial, trial process and your role as a witness

8.1 If the case goes to court, you have the Right to be told by the Witness Care Unit within 5 working days (1 working day under Enhanced Rights) of them receiving the information from the court, which will be within 5 working days of the outcome of the relevant hearing:

the time, date and location of any hearing (within 1 working day for all victims);

the outcome of any bail hearing (and relevant bail conditions, any relevant changes to these bail conditions and the reasons for those changes);

if an arrest warrant has been issued for the suspect and the outcome of a hearing if the suspect is re-arrested; and

the outcome of any hearing if the suspect has been re-arrested.

8.2 If the suspect pleads not guilty and you are required to attend court, you have the Right to:

8.3 If you are required to give evidence, you will be able to refresh your memory by reading (or watching where it has been recorded) your witness statement. Where possible, if the court allows, the prosecutor will meet you before you go into court to explain what will happen and answer any questions you may have.

8.4 If you are a bereaved close relative, you have the Right to request, from your Family Liaison Officer or Witness Care Unit, a visit to the court before the trial date to familiarise yourself with the building, regardless of whether you are required to give evidence. You also have the Right to be offered a meeting with the Crown Prosecution Service prosecutor or advocate who will be presenting the case in court. This meeting will usually take place shortly before the trial and is an opportunity for you to be introduced and to ask any questions that you may have.

8.5 When attending court, and where possible, you will be able to enter through a different entrance to the defendant and wait in a separate waiting area before and after your case has been heard. Some court buildings do not currently have separate entrances for victims, however, where informed, Her Majesty's Courts and Tribunals Service staff will make arrangements to ensure that you do not have to see the defendant on arrival.

8.6 During the trial, you may have to wait to give evidence, Her Majesty's Courts and Tribunals Service court staff will give you a contact point at the court (who may be a member of a witness support service) to keep you updated on the progress of the trial and they or the Crown Prosecution Service prosecutor or advocate will tell you how long you will likely need to wait.

8.7 Sometimes you may need to come back to court on another day, if this happens, Her Majesty's Courts and Tribunals Service court staff or the Crown Prosecution Service prosecutor or advocate will tell you why.

Help when attending court

Having to attend court can be a worrying experience for any victim. However, you will be contacted by the Witness Care Unit before the trial. As well as providing the Rights listed in paragraphs 8.1, 8.2 and 8.4, they can also provide practical guidance and advice to help you. This includes:

being told about what to expect in court and answer any questions you might have about the court process;

if the victim is under 18, being given information for young witnesses;

being offered help with directions to the court and planning and/or arranging travel or accommodation;

being offered help arranging child care or additional support to allow you to attend court;

being given information about claiming witness expenses and allowances;

being referred to the Crown Prosecution Service, who will answer any questions you may have about the sentence which the Witness Care Unit is not able to answer; and

being offered a referral to services that support victims before, during or after you have attended court.

Right 9: To be given information about the outcome of the case and any appeals

9.1 At the end of the case, you have the Right to be told the outcome, including where available, a brief summary of reasons for the decision,[footnote 37] by the Witness Care Unit, within 1 working day of them receiving the information from the court, which will be within 5 working days of the outcome of the case.

9.2 If the defendant is convicted (found guilty), you have the Right to be told the sentence they received, including a short explanation about the meaning and effect of the sentence, by the Witness Care Unit, within 1 working day of them receiving the information from the court, which will be within 5 working days of the outcome of the case. If you have any questions about the sentence which the Witness Care Unit are unable to answer, you have the Right to be referred to the Crown Prosecution Service, who will answer any questions which the Witness Care Unit is not able to answer.

9.3 If you are a bereaved close relative, you have the Right to be offered a meeting with the Crown Prosecution Service:

following conviction, but before the sentencing hearing of the defendant, to confirm that a Victim Personal Statement has been made or to confirm that it is up to date (this meeting will usually take place at court);

following the sentencing hearing to explain the sentence given (this meeting will usually take place at court);

in cases where the defendant is found not guilty or is convicted of a less serious charge the offer of a meeting will be made a few weeks after the case has concluded, unless the Crown Prosecution Service decide that this is inappropriate. On the rare occasions where they decide that a meeting is not appropriate, this decision will be explained to you. The actual timing of the meeting will be informed by the wishes of the family and you will be contacted to discuss when it should take place; and

in a murder case where all defendants are found not guilty of all charges, the police and Crown Prosecution Service will follow the process set out in the National Standards of Support for bereaved families. The National Standards of Support are available on the Crown Prosecution Service website at: www.cps.gov.uk and a copy is provided by the police to bereaved families as part of the police bereavement pack.

If you think the sentence given to the offender is far too low

9.4 For some (but not all) cases sentenced in the Crown Court you can ask[footnote 38] the Attorney General[footnote 39] to refer the sentence to the Court of Appeal to reconsider it. This can only be done if the Attorney General thinks that the sentence was not just lenient but 'unduly lenient',[footnote 40] such that the sentencing judge made a gross error or imposed a sentence outside the range of sentences reasonably available in the circumstances of the case.

9.5 If the Attorney General considers that the sentence meets the standard of being 'unduly lenient', the case is referred to the Court of Appeal. The Attorney General must consider the matter as soon as possible after sentence and no later than the 28th calendar day after the sentence was imposed (in business hours and with sufficient time for consideration). If the Court of Appeal agrees, it may increase the sentence.

9.6 The Witness Care Unit will tell you about the scheme, when you are told the sentence in the case.

If the offender appeals

9.7 Sometimes the offender will ask the court to look at the case or the sentence again. This is called an appeal. What will happen next will depend on whether the offender is allowed to appeal and if so, the outcome of that appeal.

If an application is made to the Crown Court to appeal against a conviction or sentence in the Magistrates' Court

9.8 If the offender appeals to the Crown Court, you have the Right to be told by the Witness Care Unit within 1 working day of them receiving the information from the court, which will be within 5 working days of the outcome of the hearing:

9.9 If you wish to attend the appeal, you have the Right for court staff to arrange for you to:

If an application is made to appeal against a conviction or sentence to the Court of Appeal, or an application or appeal is made to the UK Supreme Court in a criminal case on a point of law

9.10 If the offender appeals to the Court of Appeal or UK Supreme Court, you have the Right to be told by the Witness Care Unit within 5 working days (1 working day under Enhanced Rights) of them receiving the information from the court, which will be within 5 working days of the outcome of the relevant hearing:

if the offender has been given permission to appeal against the conviction, sentence or point of law;

the date, time and location of any hearing, and any changes to this information (within 1 working day for all victims);

if the offender is to be released on bail pre-appeal or if the bail conditions have been changed (within 1 working day for all victims);

the name of a contact for the Criminal Appeal Office or UK Supreme Court staff;

the outcome of the appeal, including any changes to the original sentence, and

how to request a copy from the Criminal Appeal Office or UK Supreme Court staff of the court's judgment in the case once it has been published.

9.11 If you wish to attend the appeal, you have the Right for court staff or UK Supreme Court staff to arrange for:

wherever possible, to wait and be seated in court in an area separate from the offender and their family and friends; and

special arrangements to be made for you if the offender is present and you do not wish to sit in the courtroom (it is rare for the offender to attend hearings in the Supreme Court).

9.12 Following a decision to give the offender permission to appeal, if you are a bereaved close relative, you have the Right to be offered a meeting with the Crown Prosecution Service to explain the nature of the appeal and the court processes.

9.13 In determining an appeal against a sentence, the court will always take into account any Victim Personal Statement that was considered by the sentencing court.

9.14 It is not normally necessary for a further personal statement to be provided to the Court of Appeal. However, if there is information that the court should know about the continuing impact the crime has had on you, a new or further Victim Personal Statement may be sent to the Court through the police or the Crown Prosecution Service.

Criminal Cases Review Commission

9.15 The Criminal Cases Review Commission investigates alleged miscarriages of criminal justice in England, Wales and Northern Ireland. An offender can apply to the Commission to review their convictions and/or sentence if there is some new information or new argument which might mean the conviction is unsafe or the sentence too long.

9.16 The Commission, when reviewing a case, will assess the potential impact on you and decide if you should be notified.

9.17 The Commission will not usually try to contact you just because they have received an application. This is because most reviews will not lead to a referral to the Court of Appeal, and therefore there is no need to warn you that the offender has applied. However, the Commission will tell you if they think there is a reasonable chance that you may find out that they are looking at a case though the media or through another source. The Commission will usually work with the police to notify you of an application and will contact you again when a decision has been made on whether they refer the case.

9.18 If the Commission decides that it is not appropriate to contact you during the review, but subsequently decides to refer the conviction or sentence to the courts, the Commission will try their best to contact you before the case is referred for an appeal.

Right 10: To be paid expenses and have property returned

10.1 If you attend court[footnote 41] to give evidence, you have the Right to claim certain expenses from the Crown Prosecution Service,[footnote 42] for example, for travel, child care, loss of earnings, refreshments and meals (further details are available on the Crown Prosecution Service website at: www.cps.gov.uk). The Witness Care Unit will be able to help if you have any questions about claiming expenses.

10.2 The Crown Prosecution Service will pay any expenses due to you within 10 working days of receiving a correctly completed claim form.

10.3 If the police took any of your property as evidence, you have the Right to get it back as soon as it is no longer required. The police will be able to help if you have any questions about the return of your property.

Right 11: To be given information about the offender following a conviction

11.1 If you are the victim or a bereaved family relative and the offender was convicted of a specified violent or sexual offence,43 and sentenced to 12 months or more in prison44 (or detained in a hospital for treatment under the Mental Health Act 1983 with or without a restriction order45), you have the Right to be automatically referred within 10 working days of sentencing to the National Probation Service Victim Contact Scheme and be assigned a Victim Liaison Officer. The Victim Liaison Officer will contact you within 20 working days of the referral.

11.2 Where you choose to receive the Victims Contact Scheme, you are entitled to receive information at key stages of the offender's sentence (see 11.3). You may opt-out and opt back in to the Victims Contact Scheme at any time whilst the offender is serving their sentence/hospital order.

11.3 The Victim Liaison Officer will tell you:

what the sentence of the court means in terms of the offender's detention in prison or hospital, and if there are any changes to their sentence;

when an offender in prison becomes eligible to be considered for a transfer to open conditions;

if a prisoner moves to open conditions;

when an offender is being considered for release or for conditional discharge;

when the offender is released, or discharged from hospital, and if they are recalled to prisonor hospital;

how to make a Victim Personal Statement where it falls to the Parole Board to decide whether to direct the release of the offender from prison;

how to apply to read your Victim Personal Statement to the Parole Board, or have it read out on your behalf, or make a pre-recording in those cases where the Parole Board holds an oral hearing;

how to apply for licence/discharge conditions to reduce the chances of you encountering the offender in the community, or to prohibit them from contacting you;

about any licence/discharge conditions that relate to you and the date they will end or where a request to change or remove them has been made;

how to ask for a summary of the Parole Board's decision and how to seek to make representations where the Parole Board decides the offender is safe to release;

if the offender escapes or absconds from custody;

how to ask for information should the offender be convicted of a most serious offence (see 11.18 - 11.19); and

how to make a reconsideration request (where eligible) (see 11.9 - 11.10).

11.4 In addition to the statutory offences where the Victims Contact Scheme is offered, the National Probation Service will also offer victims access to the scheme where the offender is sentenced to 12 months or more in prison (or detained in a hospital for treatment under the Mental Health Act 1983 with or without a restriction order) for:

Victims of offenders who are under 18 years old

11.5 If the offender in your case is under the age of 18 and you are not eligible for the Victims Contact Scheme, the Youth Offending Team may contact you directly. This is in cases where a young offender is sentenced to less than 12 months in custody, 12 months or more for a non-sexual or non-violent offence or a community-based order. A community-based order puts conditions on an offender serving a sentence in the community rather than prison.

11.6 The Youth Offending Team may seek your views prior to sentencing and explore whether you want to get involved in any Restorative Justice initiatives (see Right 3), where appropriate and available.

11.7 You have the Right to receive the following information from the Youth Offending Team:

information about the progress of the offender's case upon request; and

information on appropriate services that support victims if you ask for additional support.

The Parole Board

11.8 The Parole Board[footnote 46] must:

consider all representations that victims have made about licence conditions; where a victim has requested a licence condition which has not been included, or has been amended, and provide an explanation for this non-inclusion or amendment;

read a Victim Personal Statement if one is submitted;

consider any application by the victim to be permitted to attend the hearing and read their Victim Personal Statement or have it read by someone else on their behalf;

unless there is a good reason for not doing so, agree to the statement being read at the hearing by the victim or someone else on their behalf; and

provide a summary of the parole decision upon application, unless there is a good reason for not doing so.[footnote 47]

The Parole Board and Victim Personal Statements

When can I make a Victim Personal Statement to the Parole Board?

You can make a new Victim Personal Statement any time leading up to the parole review, but it must be submitted in good time in order for the Parole Board to read it. If there is to be a parole oral hearing the Victim Personal Statement should be submitted at least eight weeks in advance. A parole hearing is unlikely to be delayed to allow for a late Victim Personal Statement to be submitted.

You can update your Victim Personal Statement or write a new one, but you will need to withdraw a previous version first. You can write a new statement for each parole review that may take place.

Will the offender be able to see my Victim Personal Statement?

The overriding principle is that the offender will see all information related to the parole review, unless in very exceptional circumstances the Parole Board agrees not to disclose it to the offender. This practice is consistent with the fundamental principles of our criminal justice system. However, if you do not wish the offender to read your statement you may ask your Victim Liaison Officer to apply for the statement to be withheld, under a non-disclosure application. There are rules about this which will need to be followed, including strict timeframes for making a request (eight weeks ahead of an oral hearing) and specific reasons for when information can be withheld, which are set out in the Parole Board Rules 2019. The final decision lies with the Parole Board. If the Board agrees not to disclose your Victim Personal Statement, the prisoner's solicitor may still have sight of it, although he/she may be required not to disclose it to the prisoner. If you request non-disclosure and the Parole Board turns it down, you may withdraw your Victim Personal Statement.

Further questions or help recording your Victim Personal Statement

If you have questions about making a Victim Personal Statement, how it will be used or what to include, you can speak to your Victim Liaison Officer. They can also help you to record your personal statement.

Asking for a parole decision to be reviewed[footnote 48] (Reconsideration Mechanism)

11.9 The Parole Board considers certain offenders for parole (release on licence) or re-release following recall and does so based on their risk of harm to the public.

11.10 If the Parole Board decides it is safe to release an offender the decision is provisional for 2149 calendar days in the majority of cases (except standard determinate recalls[footnote 50]). The Secretary of State may ask the Parole Board to reconsider the decision during this period, if he has an arguable case that: - the correct process was not followed in the review of the offender for parole - for example, important evidence was not taken into account; or - the decision was irrational - the decision cannot be justified based on the evidence of risk that was considered.

As a victim, you may submit a request to the Secretary of State asking that an application for reconsideration is made, if you believe that the decision meets either of these tests. Your request must be submitted within the 21-day provisional window. The Secretary of State will only do so where there is evidence the criteria is met. You will receive a letter informing you of whether the Secretary of State makes an application for reconsideration or not.

Sexual Offender Notification Requirements Review Process

11.11 Registered sex offenders are subject to 'notification requirements'. This means they must tell the police about some of their personal details. The notification requirements are an automatic consequence of a conviction or caution, for a Schedule 3 offence under the Sexual Offences Act 2003, but the length of time an offender will be subject to the requirements will vary dependent upon the sentence they are given. A breach of the notification requirements is a criminal offence and is punishable by up to five years imprisonment.

11.12 Offenders who are subject to notification requirements for life can apply to have this reviewed after a set period of time following their first notification, which usually takes place at release from prison. The set period of time is 15 years for adults and 8 years for juveniles. If the offender makes such an application, the police will then carry out a review, including a risk assessment to decide whether the offender's notification requirements may be stopped. Sex offenders who are assessed as still being a risk will remain subject to notification requirements and will do so for life if necessary.

11.13 If you are a victim of an offender who makes such an application, you have the Right to be contacted by the police to provide your views on the application as part their review. Your Victim Liaison Officer will provide you with further information about this process.

Foreign National Offenders

11.14 If you have been a victim of a crime committed by a foreign national and the offender: - has received a prison sentence of 12 months or more, or a hospital order, for an offence against you; - was recommended by a court for deportation for an offence against you; or - was sentenced to a period in prison for a violent or sexual offence

then you have the Right to receive information about the offender's deportation. You can choose not to receive this information. The National Probation Service (Victim Liaison Officer and Offender Managers) must take all reasonable steps to work with the immigration authorities to ensure, as far as possible, that information about the prisoner's immigration status and any deportation information is passed on to victims.

11.15 If you have been the victim of a crime as set out in 11.14, your Victim Liaison Officer assigned by the Victims Contact Scheme (see 11.1) will be able to obtain updates from the Home Office on your behalf.

11.16 If you are not eligible for the Victims Contact Scheme or have opted out of the scheme, but you meet the criteria (see 11.14) you have the Right to ask for updates regarding the immigration case of the Foreign National Offender directly from the Home Office's Victim Support Team.

11.17 The Home Office Victim Support Team can tell you: - whether the Home Office intends to take deportation action against the offender; - the final outcome of any appeal against deportation; - when the offender is going to be released from immigration detention; - when the offender has been deported; or - if the offender is not being deported and if possible, the reasons why.

Serious Further Offence Reviews

11.18 In the event that an offender commits a Serious Further Offence[footnote 51] while they are under statutory supervision by the provider of probation services, or shortly after this supervision has ended, the provider of probation services will carry out a Serious Further Offence Review, to investigate how the case was managed and whether or not there are any improvements that need to be made to manage future cases.

11.19 In the most serious cases, providers of probation services will offer to share the findings of a Serious Further Offence Review with the victim or their families following conviction of the offender. If this occurs you have the Right to be contacted by your Victim Liaison Officer, to be asked whether you would like to meet with a senior manager from the provider of probation services to talk about the findings of the Serious Further Offence Review, and if you would like a copy of the report.

Right 12: To make a complaint about your Rights not being met

12.1 If you believe that you have not received any of your Rights under this Code, you can make a complaint. In the first instance, and if you feel comfortable doing so, you should discuss your complaint with the person you have been dealing with at the relevant service provider.

12.2 If you remain unhappy, or if you do not feel comfortable discussing the complaint with the person you have been dealing with, you can make a complaint through the service provider's internal complaints' procedure.[footnote 52] They will provide you with information about their complaints procedure and respond within the timescales set out in this procedure.

12.3 If you send your complaint to the wrong service provider or it needs to be dealt with by more than one service provider, they will let you know.

12.4 If you are still not satisfied after you have finished the service provider's complaints procedure, or they are taking too long to get back to you, you can ask your Member of Parliament to refer your complaint to the Parliamentary and Health Service Ombudsman. The Ombudsman will consider any complaints referred to them and, where appropriate, undertake an independent investigation.

12.5 Further information about making a complaint to the Ombudsman can be found on their website at: www.ombudsman.org.uk or by calling their Customer Helpline on: 0345 015 4033[footnote 53]

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Code of Practice for Victims of Crime in England and Wales (Victims' Code)

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You have the Right to be given information in a way that is easy to understand and to be provided with help to be understood, including, where necessary, access to interpretation and translation services. You have the Right to have details of the crime recorded by the police as soon as possible after the incident.

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Digital improvements include improved reporting mechanisms making it easier for victims to report  by phone, text, online or in person; the CoLP website provides details of charities they work with that support victims who prefer to remain anonymous and make third party reports (CoLP, 2024).

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Whilst hate crime in the city is low, usually limited to racially aggravated public order, improvements to the force response are ongoing, including incorporating risk assessments when crimes are raised to provide opportunity for greater victim safeguarding. Creating a more consistent investigative approach to reported incidents a twenty point action plan for investigators to follow has been introduced. (Horsburgh, 2023).

Improvements are being reinforced with the development of training packages for both officers and call handlers (Horsburgh, 2023) and the creation of Hate crime Subject Matter Experts (SMEs) (CoLP, 2024).

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CoLP shares best practice as a member of the Southeast Region Hate Crime Group, benchmarking themselves against other forces for scrutiny and improvement (Horsburgh, 2023).

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Based on Home Office reports there is no single data source for hate crime, data is obtained through a combination of police recorded crime and Crime Survey of England & Wales (CSEW). Each has advantages and disadvantages, e.g. CSEW  provides greater accuracy on long term trends. Whilst police recorded data includes public order offences, which represents half of all hate crime committed  (Zayed., Y & Allen., G., 2024).

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Recent data, highlights the increasing number of recorded incidents; whilst this indicates improvements in crime reporting, it simultaneously highlights its prevalence (Association of Police and Crime Commissioners, 2022).

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The UK strategy highlights five key areas:

1.     To prevent hate crime

Early intervention through education, speaking to young people in schools, challenging prejudice, and racism. Using charities such as Streetwise to tackle anti-Muslim and antisemitism and Sophie Lancaster Foundation to reduce hostility (Streetwise, 2024).

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AntiSemitism &

Discrimination

Streetwise together with its sister project 'Stand Up! Education against Discrimination', delivers antisemitism & anti-discrimination education (also focusing on anti-Muslim hate) to young Jewish people in secondary schools from the age of 12 to 18. The session uses a variety of resources and Antisemitism is framed in a broader conversation about racism and discrimination, as well as British Values.

Antisemitism sessions use a variety of resources, including CST's annual Antisemitic incidents report, videos and imagery, as well as statistics from our partners and supporters. The programme aims to help young people define Antisemitism, understand its history and roots as well as its current manifestations. School sessions promote and empower young people to report and combat Antisemitism, by providing young people with the skills and tools necessary to identify and tackle Antisemitism and hate crime in British society.

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As well as sessions in Jewish schools, Streetwise has a particular interest in delivering Antisemitism education to young, Jewish people that do not attend Jewish schools - in JSocs, Synagogues, communal organisations, summer camps and youth movements.

EDUCATIONAL LINKS

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Antisemitism & Discrimination | streetwise

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AntiSemitism & Discrimination Streetwise together with its sister project 'Stand Up! Education against Discrimination', delivers antisemitism & anti-discrimination education (also focusing on anti-Muslim hate) to young Jewish people in secondary schools from the age of 12 to 18. The session uses a variety of resources and Antisemitism is framed in a broader conversation about racism and discrimination, as well as British Values.

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In the last decade hate crime across England and Wales has increased dramatically from 42,255 in 2012 to 155,841 in 2023. The MPS has seen a significant increase from 10,371 recorded in 2012 to 24,612 in 2023. Over the same time period CoLP recorded 163, an increase from 78 (Home Office, 2023).

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Overwhelmingly, the greatest motivating factor for all recorded hate crime is racism, remaining consistently high over the decade, but all types of hate crime have increased (Home Office, 2023).

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Increase in hate based crime last decade

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There are many measures and tools available to assist forces in dealing with hate crime that has been borne from the significant increases in hate crime incidents highlighted over the last 10 years. It is evident from the research and analysis that demographic factors such as ethnic diversity, resident populations will also play a part in the levels of hate crime.

Given that the MPS has 25% of the UK police budget and 35,000 officers, they are well funded and equipped to be able to deal with hate crime. CoLPS demography of a low resident population and transient workforce provides a unique challenge, however, CoLPS size makes it more flexibility to make changes, despite having a disproportionate budget and vastly lower number of officers, strong leadership is key.

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The mission of the police is to ensure communities remain safe, protecting residents who live within them from crime and ensure offenders are bought to justice (National Police Chiefs Council (NPCC), 2016). This report will consider and assess the impact of hate crime within the community and how its incidence impacts on policing priorities.

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2.     Responding to hate crime in communities

Work with community groups like GALOP providers of victim support, identify and sharing solutions to problems through charities and criminal justice agencies. Use advertising campaigns to raise awareness.

Tackling hate crime on public transport, the Nighttime Economy (NTE) and Online,  working closely with partners such as British Transport Police (BTP), public transport providers and charities e.g. Drinkaware Club Crew and Tell MAMA.

Work with internet providers to tackle online hate through Cyberhate working group, restrict sharing of online hate material. The National Policing Digital strategy 2020-2030 supports digital technology to identify harm and to protect the vulnerable through the application of digital technology (NPCC, 2020).

Improve accurate recording of online hate crime.

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The report will consider Home Office and National Policing Hate Crime Strategy that informs local policing priorities; including legislation and sentencing powers, improvements to increase reporting and investigation of offences. Ongoing efforts to understand why offences are perpetrated and improvements to education that challenge prejudice (Home Office, 2016).

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It will evaluate how the Metropolitan Police Service (MPS) and City of London police (CoLP) respond and apply the strategy within their own organisations; consider collaborative working with partners, charities, and the Crown Prosecution Service (CPS) to apply the framework of legislation, prosecute and sentence offenders (CPS, 2024).

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Introduction

Hate crimes often have a disproportionate impact on the victim because they are being targeted for a personal characteristic. We recognise that hate crime not only impacts the individual victim but also the wider community. Hate incidents as one-offs or a related series of events can send reverberations through communities, just as they can reinforce established patterns of prejudice and discrimination. This is why it is so important for hate crime to be prosecuted effectively.

Our policy is to:

Identify crimes involving hostility on the basis of race or religion as early as possible

Charge, where appropriate, aggravated offences under the Crime and Disorder Act (CDA) 1998

Build strong cases with our partners that satisfy the tests within the Code for Crown Prosecutors

Remind the court of the statutory sentencing framework under ss.28-32 Crime and Disorder Act 1998 (CDA 1998) or its power to increase the sentence under s.66 Sentencing Act 2020 (SA 2020) where there is evidence of hostility based on membership (or presumed membership) of a racial or religious group, including minor offending

Recognise that crimes of stirring up racial and religious hatred are, by their very nature, highly sensitive. For this reason, and to ensure a consistent approach given the small number of prosecutions, all such cases are considered by our Special Crime and Counter Terrorism Division. No charges can be brought without the consent of the Attorney General

Support victims and witnesses to give their best evidence

Work closely with the police, criminal justice agencies, academics, community stakeholders and other bodies to continuously refresh our understanding of racially and religiously aggravated crime and to improve our response to it

Improve awareness of racially and religiously aggravated hate crime and the public confidence to report it

Monitor the implementation of this policy.

When deciding whether it is in the public interest to prosecute racially and religiously aggravated crimes, our prosecutors must have regard to the Code for Crown Prosecutors. The Code states that where the offence was motivated by any form of discrimination including against the victim's ethnic or national origin, or religion or belief, or whether the suspect demonstrated hostility towards the victim based on any of those characteristics, the presence of any such motivation or hostility will mean that it is more likely that a prosecution is required.

Racially and religiously aggravated crime

In order to identify and flag cases involving hostility on the basis of race or religion, we have agreed with the police a shared definition. This definition is wider than the legal definition under the CDA 1998 and SA 2020 to ensure that we capture all relevant cases:
"Any incident/crime which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on a person's race or religion or perceived race or religion."
It is important that relevant incidents are identified as hate crimes as early as possible. This will assist the police to obtain the best available evidence in order to support the aggravating factor at court and at sentence.

Once a case has been flagged as a hate crime and received by the CPS, it is CPS policy not to remove the flag for any reason other than administrative error. This signals the CPS commitment to treat all such crimes seriously and to accept the victim's perspective, even where we are unable to identify sufficient evidence to prosecute the case as a hate crime.

The legal framework for racially and religiously aggravated crime

1. Specific aggravated offences and sentence uplift under s.145

Racially and religiously aggravated offences were introduced by the CDA 1998. These specific offences cover wounding, assault, criminal damage, harassment, stalking and threatening/abusive behaviour. Monitoring had indicated that these were the most common types of crime experienced by the victims of racially and religiously aggravated violence or harassment.

To prove that an offence is racially or religiously aggravated, the prosecution has to prove the "basic" offence and racial or religious aggravation, as defined in section 28 CDA 1998.

Where an offence is not charged as a specific racially or religiously aggravated offence, it does not mean that the racial or religious element will be overlooked. The court must take into account evidence of racial or religious aggravation when sentencing. SA 2020 gives the court power to increase the sentence of any other offence that is racially or religiously aggravated. An offence will be racially or religiously aggravated if:

At the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on the victim's membership (or presumed membership) of a racial or religious group, or

The offence was motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

The legal framework and the police/CPS definition refer to hostility, not hatred. There is no statutory definition of hostility and the everyday or dictionary definition is applied, encompassing a broad spectrum of behaviour.

For information about the nature of racially and religiously aggravated crime, see the CPS legal guidance.

2. Stirring up hatred on the grounds of race and religion

Parts 3 and 3A Public Order Act 1986 cover stirring up hatred on the grounds of race and religion. As with all hate crime, any initial report to the police will be assessed by applying the police/CPS definition of what constitutes a hate incident/crime before more detailed consideration of the evidence and charging options.

We acknowledge that people have a right to freedom of speech. It is essential in a free, democratic and tolerant society that people are able to exchange views, even when these may cause offence. However, we will balance the rights of an individual to freedom of speech and expression against the duty of the state to act proportionately in the interests of public safety, to prevent disorder and crime, and to protect the rights of others.

Stirring up racial hatred, defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins is committed when someone says or does something which is threatening, abusive or insulting, and the person either intends to stir up racial hatred, or make it likely that racial hatred will be stirred up. It covers behaviour such as making a speech, posting material online, displaying a poster, performing a play or broadcasting on the media.

Stirring up religious hatred is committed if a person uses threatening words or behaviour, or displays any threatening written material, and intends to stir up religious hatred against a group of persons defined by reference to religious belief or lack of religious belief. It covers the same behaviour applicable to stirring up racial hatred.

Stirring up religious hatred is limited to threatening words or behaviour and we have to prove intent. Additionally, there is a freedom of expression defence contained in Section 29J, but no corresponding statutory defence for the racial offence.

Any prosecution for the offence of stirring up hatred on the grounds of race or religion requires the consent of the Attorney General. For more information see the section on stirring up hatred in the prosecution guidance: Racist and Religious Hate Crime.

3. Those affected by racially and religiously aggravated crime

S.28 CDA 1998 (and s66 SA 2020) defines "racial group" as a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins. This is a wide definition and identifies a range of people who may potentially experience hostility on these grounds, including but not limited to people from the different countries of the UK, tourists, workers from other countries, asylum-seekers, refugees, Gypsies, Irish Travellers and Roma, and people who are UK citizens but whose national origins are from other countries.

S.28 CDA 1998 (and s66 SA 2020) defines "religious group" as a group of persons defined by reference to religious belief or lack of religious belief. This too is a wide definition and underlines that hostility can be targeted at faith communities new or old, be sectarian in nature, be directed at converts and also those of no faith.

Offending Behaviour

Hate crime can take many forms, ranging from verbal abuse to physical and sexual assault and can include encouraging others to violence, threats, criminal damage, harassment, stalking and anti- social behaviour. Incidents can be one-off events or form part of a series of repeated and targeted offending. The hostility may target individuals, groups, those associated with such groups, or property e.g. homes, places of work or worship, and community venues. Hate crime can occur anywhere.

Hostility and hatred might be based on misconceptions about the individual's characteristics. However, there is no need to confirm a victim's personal characteristics in order to prosecute a hate crime. Evidence of hostility based on the perpetrator's presumption of the victim's race or religion is sufficient.

We recognise that victims of hate crime can be repeatedly targeted. We will encourage the police to investigate any previous incidents or allegations. We will bring charges that reflect the overall picture of offending or, if possible, make a bad character application to the court to present evidence of previous conduct towards the victim or others.

We recognise that people can be targeted for a combination of reasons, including disability, sexual orientation or transgender identity, in addition to their race or religion. Prosecutors will consider the most appropriate charges and apply to courts for an appropriate increase in sentence, based upon all relevant aggravating features.

Reporting hate crime

It is important that all hate crimes and incidents are reported to the police whether it's a one-off or part of a pattern of repeat offending.

It is for the police to investigate the incident, and to decide whether to refer the case to the CPS for a decision on whether to charge the suspect and, if so, with what offence.

We recognise that national and international events can serve to exacerbate underlying feelings and attitudes that can often drive hostility. The nature of offending and the language used in incidents can draw upon these events and our prosecutors are aware of the need to consider cases in the context in which they are committed.

Internet and social media

Hate crime can be perpetrated online or offline, or there can be a pattern of behaviour that includes both. The internet, and social media in particular, have provided new platforms for offending behaviour and our revised guidance on the prosecution of social media cases provides more detail.

In approaching online hate crime, we will:

Recognise that modern communications technology provides opportunities for hate crime

Understand the internet and the changing nature of social media platforms, as well as their community standards and policies for taking down material

Be familiar with the relevant law and referral systems

Be alert to the need to identify originators as well as amplifiers or disseminators

Prosecute complaints of hate crime online with the same robust and proactive approach used with offline offending, whilst recognising that children may not appreciate the potential harm and seriousness of their communications

Consider the potential impact on a targeted individual or community

Treat online complaints as seriously as offline complaints and encourage all to be reported to the police.

As with all hate crime offences, the police will be required to seek a charging decision from us.

Criminal investigation

We adopt a proactive approach and will seek further evidence where necessary from the police, to assist in the identification of evidence of hostility or an intention to stir up hatred, to support the prosecution of a specific offence or an application to increase sentence.

In some cases, we may advise the police to pursue other possible lines of enquiry. This may include looking at previously reported incidents involving the same victim, or the same suspect. It may also involve seeking information or evidence from other agencies such as specialist support groups and relevant community groups.

Hostility on the grounds of race and religion are not the same thing. Sometimes offenders demonstrate hostility on the grounds of both race and religion. In those circumstances, prosecutors must carefully consider whether to charge a racially aggravated offence, a religiously aggravated offence or both, depending on the facts and circumstances of the case. According to the law, Sikhs and Jews are members of both a racial and religious group.

Charging decisions

When making charging decisions relating to racially or religiously aggravated crime, as in all cases, prosecutors must apply the Code for Crown Prosecutors.

In relation to racially and religiously aggravated offences charged under sections 29-32 of the Crime and Disorder Act 1998, a letter explaining the reasons for our decision will be sent to the victim when a decision is made to proceed with the basic offence, rather than the aggravated form.

Bail

If there is a risk of danger or threats or repeat offences, we will seek to protect victims and witnesses by applying to the court to remand the defendant in custody where appropriate, or by asking the court to impose conditions on bail where possible (for example, not to approach any named person or to keep away from a certain area).

Prosecution and sentencing

In prosecutions involving racially or religiously aggravated hostility, we will build cases that present evidence of these aggravating factors where possible.

We will remind the court of its power to increase the sentence where the offence is aggravated by hostility on the basis of race or religion. The Sentencing Council guidelines provide detail on the way the increase in sentence is determined.

We shall draw the court's attention to a Victim Personal Statement (VPS), which gives victims an opportunity to describe the effects of the crime upon them, express their concerns and indicate whether or not they require any support. Making a VPS is entirely optional. Victims are entitled to choose whether they would like to read their VPS aloud in court, whether they would like someone else to read it aloud or whether it should be played back, if recorded, for them. A Community Impact Statement may also be made to show the impact of offending on the wider community, including the relevant racial or religious community.

We have a responsibility to assist the court in sentencing. Prosecutors will apply for appropriate additional or ancillary orders, including restraining orders and compensation for loss, injury or damage. We will always have regard to the victim's needs, including the question of their future protection.

The court has a duty to give reasons for, and explain the effect of, the sentence that it imposes.

Withdrawal

Sometimes, a victim will ask the police not to proceed any further with the case or will ask to withdraw the complaint. We will consider the impact on the victim of not proceeding, including the risk of further harm to the victim, however this does not necessarily mean that the case will automatically be stopped. Applying the Code for Crown Prosecutors, we will prosecute all cases where there is sufficient evidence; it is in the public interest to do so and there are no factors that prevent us from doing so.

Case progress - information for victims

Information on how victims of crime are kept informed of case progress can be found in the Code of Practice for Victims of Crime.

Victims' Right to Review

For qualifying decisions, if a victim requests a review of our decision not to bring proceedings, or to end all proceedings, we will look again at the decision to establish if it was correct. For information on how to ask for a review of a decision see The Victims' Right to Review Guidance.

Support

It is important to note that the majority of racially and religiously aggravated prosecutions result in a guilty plea from defendants, reducing the need for victims and witnesses to give evidence in court. However where victims and witnesses are required to give evidence, we are committed to supporting them to give their best evidence.

Victims of hate crime are also entitled to enhanced support services. Victims who are intimidated can be supported by applications to the court for Special Measures. Special Measures are a series of provisions that help 'vulnerable' and 'intimidated' witnesses give their best evidence in court and help to relieve some of the stress associated with giving evidence. Special measures can include the use of screens in court so the victim or witness does not have to see the defendant, or giving evidence from a separate courtroom via a video link. These measures can help reduce stress and anxiety. Automatic reporting restrictions apply to persons under the age of 18 in cases in the Youth Court and to victims of rape and other serious sexual offences, irrespective of age. Reporting restrictions can also be applied for in other circumstances, if specific criteria are satisfied, to protect the identity of the victim.

More information can be found on the Victims and Witnesses section of the CPS website.

Equality Duty

We are a public authority for the purposes of equality legislation. This policy and our related legal guidance form a key part of our efforts to meet our obligations under the Public Sector Equality Duty to eliminate unlawful discrimination, harassment and victimisation of people on the basis of race, religion or belief or lack thereof and to promote equality and good relations.

Working with stakeholders

We work locally and nationally with the police and other partners who have a role in addressing hate crime, as well as with individuals, community groups and academics with experience and expertise in relation to hate crime. This ensures that we are able to continuously refresh our understanding of the nature of racially and religiously aggravated offending and can improve our response to it.

Monitoring and Implementation

We will monitor our performance through our Hate Crime Assurance Scheme, under the oversight of our hate crime governance structures. We will also receive feedback on our performance through our local and national panels that provide scrutiny of CPS cases, decisions and policies.

Our Hate Crime Annual Report provides transparent accountability in respect to our performance. It should be noted that the CPS can only monitor the work of the CPS.

Hate Crime Webpage

We have created a hate crime page on the CPS website, to provide more detail on the CPS approach to hate crime. The webpage includes the following information on racially and religiously aggravated offences:

The legal context of racially and religiously aggravated crime

What happens if a victim withdraws or no longer wishes to give evidence

Sentencing

Implementation of the CPS Policy.

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Public statement on prosecuting racist and religious hate crime

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Hate crimes often have a disproportionate impact on the victim because they are being targeted for a personal characteristic. We recognise that hate crime not only impacts the individual victim but also the wider community. Hate incidents as one-offs or a related series of events can send reverberations through communities, just as they can reinforce established patterns of prejudice and discrimination.

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References Continued

MOPAC. (2023). Reporting Hate Crime. Reporting hate crime | London City Hall

Ministry of Justice. (2024). Victims of crime: Understanding your rights. Victims Code - Crime Leaflet (publishing.service.gov.uk)

Neighbourhood Watch. (2024). Impact of Hate Crime. Impact of hate crime | Neighbourhood Watch Network (ourwatch.org.uk)

NPCC. (2016). Policing Vision 2025. policing_vision_2025.pdf (college.police.uk)

NPCC. (2020). National Policing Digital Strategy 2020-2030. National-Policing-Digital-Strategy-2020-2030.pdf (pds.police.uk)

NPCC. (2024). Report a hate crime. Report a hate crime - True Vision (report-it.org.uk)

Pont, M. (2022). Hate crime in England & Wales statistics. Office for statistics regulation. Mark Pont to Amy Baxter: Hate crime in England and Wales statistics – Office for Statistics Regulation (statisticsauthority.gov.uk)

Streetwise. (2024). Antisemitism and Discrimination. Antisemitism & Discrimination | streetwise (streetwisegb.org)

Trust for London. (2023). Census 2021 deep dive: ethnicity and deprivation in London. Census 2021 deep dive: ethnicity and deprivation in London | Trust for London

UN. (2019). Hate speech versus freedom of speech. Hate speech versus freedom of speech | United Nations

Varbes. (2023). Demographics of City of London. City of London Demographics | Age, Ethnicity, Religion, Wellbeing (varbes.com)

Zayed., Y & Allen., G. (2024). Hate Crime Statistics. CBP-8537.pdf (parliament.uk)

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MPS response to hate crime highlighted in their 2018-25 strategy is clear, their mission “To keep London safe for Everyone”. Hate crime is a key priority, the aim to reduce it and build public confidence (MP, 2018).

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It is clear both MPS and CoLP take hate crime seriously adapting to the challenge it presents.  Both are improving training, development and awareness across their respective forces and within the communities they protect implementing strategies working with partners and charities to identify solutions.

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However, measures taken to address the issue include legislation under the Crime and Disorder Act 1998, creating offences covering assaults, public order and incitement of racial hatred e.g. chanting at football matches (GOV, 2024). Hate crime perpetrated online creates further challenges, legislation such as the Malicious Communications Act 1988 can be applied.

Legislation used with the Sentencing Act 2020 permits greater sentencing powers, reflecting the harm and damage hate crime invokes acting as a strong deterrent (CPS, 2022).

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Introduction

This guidance sets out the factors to be considered when reviewing cases and prosecuting offences classified as racist or religious hate crime. It also addresses the approach to be taken in other cases where race or religion are a factor.

Prosecutors are reminded to read this guidance with our Public Statement on Racist and Religious Hate Crime as it provides greater detail on some of the key areas of the policy.

Prosecutors should also familiarise themselves with stirring up hatred on the grounds of race or religion, the hate crime material on the Knowledge Hub and the Hate Crime page on the CPS website.

Referral of Racist and Religious hate crime cases to CPS

The Director's Guidance on Charging requires offences classified as hate crime under CPS policies to be referred to a prosecutor for early consultation and a charging decision, whether admitted by the suspect or not.

Flagging and identification of racially and religiously aggravated crime

It is essential that the CPS identifies all those cases that might properly be prosecuted as specific racist or religious crimes, or where evidence of such hostility can be put before a court when it is deciding on sentence.

All cases referred to the CPS by the police which have been identified as racially and/or religiously aggravated, should be flagged immediately on Compass CMS using the appropriate case monitoring codes. Similarly, if the receiving CPS lawyer perceives that the case involves an element of hostility towards disability, the appropriate monitoring code should be added on CMS. The decision to flag can be taken at almost any stage of the process; if not already flagged by the investigating officer, it might be flagged by the reviewing prosecutor, at review stage even up to and including the trial. It is best practice to flag as soon as possible in order to ensure the correct support is made available to the victim and facilitate a proactive investigation of the evidence.

The CPS uses definitions agreed with the National Police Chiefs' Council to identify racist or religious incidents/crimes and to monitor the decisions and outcomes:

" Any incident/crime which is perceived by the victim or any other person to be motivated by hostility or prejudice based on a person's race or perceived race"
or

" Any incident/crime which is perceived by the victim or any other person to be motivated by a hostility or prejudice based on a person's religion or perceived religion."

Flagging is a subjective question. Flagging a case puts the CPS on notice that someone at some stage has perceived the incident that gave rise to the case had such an element of racial or religious hostility or prejudice to it. For a conviction to receive enhanced sentencing in court the police need to provide sufficient evidence to prove the hostility element, however this is not required for flagging purposes. Therefore, whilst not all flagged cases will result in specific racially or religiously aggravated charges or an application for an uplift of sentence under s145 of the Criminal Justice Act 2003, they should still be flagged on CMS.

It is not CPS policy to remove a flag in the absence of sufficient evidence to support a sentence uplift. This in part reflects the commitment to treat hate crime seriously and to support the victim's perception and also to encourage community confidence in reporting all such offending. However, if a flag has been attached to a file due to an administrative error, it will be removed, to support increased data accuracy. Removal of a flag can have serious consequences and advice should be sought from a hate crime specialist or a senior manager before removal.

Some cases may need more than one flag, for example, cases that also involve domestic violence, rape, or homophobic, biphobic, transphobic or disability elements. Accurate flagging of cases is important: it means that CPS can monitor how these cases are handled and can report back to communities on our performance in tackling these types of hate crime.

It is important that the relevant fields on Compass CMS are completed where flagged hate crimes qualify for an enhanced sentence. This enables monitoring of whether or not the prosecutor drew the court's attention to the sentencing provisions and whether or not the court applied an enhanced sentence.

Case Building

Prosecutors must adopt a proactive approach to seeking further information from the police to help them to decide if a case can be prosecuted as a racially or religiously aggravated hate crime and that there is evidence that should be presented to the court at sentence.

Case Reviews

If the case passes the evidential stage and it is a case of racial or religious hate crime, or it is motivated by discrimination against the victim's ethnic or national origin, or religion or belief, it is more likely that a prosecution is required in the public interest: see paragraph 4.12(c) of the Code for Crown Prosecutors.

In cases where s145 may apply, since this provision does not create an offence it is not necessary to consider the aggravating factor when assessing the evidential stage of the Full Code Test.

In every case that has been flagged as a racially or religiously aggravated crime case, the reviewing prosecutor should fully address:

how the specific offences under CDA 1998 apply to the facts of the case and specifically what evidence supports that decision;

how s145 of the Criminal Justice Act 2003 does or does not apply to the circumstances of the case and give reasons for their decision;

if s145 does not apply, whether there is evidence of the offender targeting an at risk victim because of their race or religion (or presumed race or religion), or causing greater harm to the person because of this;

what, if any, special measures are appropriate - to be discussed with the witness. See the legal guidance on Special Measures.

any other support needs. See the legal guidance on Interpreters and the National Agreement.

what ancillary order applications may be required. In particular, see the legal guidance on Restraining Order - Section 5, Protection from Harassment Act 1997 and Criminal Behaviour Orders.

All these issues should be kept under continuous review.

A review of cases involving racially and religiously aggravated crime should consider the following non-exhaustive set of issues:

Incident

Was there any use of derogatory language towards ethnicity, race, nationality or religion, (including caste, converts and those of no faith)?

Was it a sustained attack?

Did it involve excessive violence?

Was cruelty, humiliation or degradation involved?

Was the area in which the incident occurred particularly associated with a specific community defined by race or religion or was this in response to or undertaken at a time coinciding with a specific festival, carnival or ceremony associated with a specific community and its ethnicity, race, nationality or religion?

Perpetrators

Was hostility based on the victim's race or religion (or presumed race or religion) demonstrated by the perpetrator?

Have there been any previous incidents involving the offender and hostility or targeted anti-social behaviour?

If so, what was the nature and location of previous incidents?

Have the incidents escalated in severity and frequency?

Has opportunistic offending become systematic and regular targeting?

What was the role of any bystanders?

Were there multiple perpetrators condoning and encouraging, taking photos/videos?

What evidence is there to suggest this is not a racially or religiously aggravated crime?

If satisfied that there is sufficient evidence to prove that the offence is aggravated by hostility on the grounds of race or religion, prosecutors should make it clear to the defence and to the court at the earliest opportunity that they intend to so advise the court for sentencing purposes. In Crown Court cases, letters should be sent to the defence and the court to advise them that the prosecution intend to apply for a sentence uplift under s.145 Criminal Justice Act 2003. These letters should set out the evidential grounds on which the application will be based.

Racist and religious crime - the legislation

Parliament has passed specific legislation aimed at outlawing crime where the offender is motivated by hostility or hatred towards the victim's race or religious beliefs (actual or perceived). A table setting out some of the more commonly used legislation is at Annex A. For conduct not covered by the specific offences in the Crime and Disorder Act 1998, it may be appropriate to remind the court of its duty to treat evidence of racial or religious hostility as an aggravating factor increasing sentence as provided by section 145 of the Criminal Justice Act 2003.

It is important that prosecutors are aware of the full range of available offences when deciding on the most appropriate charge to prosecute in a particular case.

Crime and Disorder Act 1998 (as amended)

This Act created a number of specific offences of racially aggravated crime, based on offences of wounding, assault, damage, harassment and threatening/abusive behaviour. The Act defines "racial group" as a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.

An amendment (December 2001) extended the scope of the Act by creating new specific religiously aggravated offences. The Act defines "religious group" as a group of persons defined by reference to religious belief or lack of religious belief.

S145 Criminal Justice Act 2003

S145 of the Criminal Justice Act 2003 imposes a duty upon courts to increase the sentence for any offence committed that involves either:

the offender demonstrating towards the victim of the offence hostility based on the victim's membership (or presumed membership) of a racial or religious group; or

the offence being motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

Note that these are alternatives. This means that in a case where a demonstration of hostility can be proved, there is no need also to prove motivation, and vice versa.

CPS application of s145

A sentence may be increased under s145 in relation to any offence. Much of the harassment experienced by racial or religious communities is persistent, low level offending. In order to counter this type of behaviour it is important that s145 uplifts are applied for in all appropriate cases. This approach is intended to ensure that racially and religiously aggravated hate crime is punished properly and that justice is afforded to all.

Definition of a "racial group"

The Act says a "racial group" means a "group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins."

The definition is wide and victims may come within the definition under more than one of the references. Gypsies and some travellers, refugees or asylum seekers or others from less visible minorities would be included within this definition. While Romany gypsies have long been recognised as an ethnic racial group ( Commission for Racial Equality v Dutton [1989] QB 783), in more recent times and certainly since the first instance discrimination case of O'Leary v Punch Retail (HHJ Goldstein, Westminster County Court, 29 August 2000), Irish Travellers have also been considered an ethnic racial group. Whilst this has not been considered by an appellate criminal court, the O'Leary case is regarded as being persuasive if the point is ever taken.

Whilst there has been no case law around Roma in the UK, the European Court of Human Rights recognises that the community forms a distinct ethnic group and prosecutors are recommended to apply the definition provided by the legislation to argue for inclusion.

Various cases in the past have considered what constitutes membership of a racial group. Some decisions have concluded that persons associated by their religious beliefs may also be part of a racial group. Prosecutors should consider on the facts of each case if the aggravating feature arises from hostility towards a religious belief or a racial group (or a combination of both).

There has been a legal ruling that Sikhs can be included in the definition of a racial group ( Mandla v Dowell-Lee [1983] 2 AC 548). In the Mandla case, reference is made to the judgment in King-Ansell v Police [1979] 2 NZLR 531 as being a persuasive authority for Jews being included in the definition of a racial group as well as a religious group. Although not criminal cases, further support for this proposition can be found in the cases of R v JFS [2009] UKSC 15 which related to the legality of the admission policy of a Jewish secondary school and Seide v Gillette Industries Ltd [1980] IRLR 427 in which an Employment Appeal Tribunal ruled that anti-Semitic comments made by a fellow-worker were made because he was a member of the Jewish race, not because of his religion.

Definition of a "religious group"

The Act defines a religious group as, "a group of persons defined by reference to religious belief or lack of religious belief." This includes Muslims, Hindus and Christians, and different sects within a religion. It also includes people who do not hold any religious beliefs at all.

Sectarian hostility is covered by this definition and hostility towards converts and apostates.

Hostility

Hostility is not defined in the legislation. Consideration should be given to ordinary dictionary definitions, which include ill-will, ill-feeling, spite, prejudice, unfriendliness, antagonism, resentment, and dislike.

Demonstrating hostility

The words of the subsection require an indication by the offender of hostility towards the victim based on race or religion. The demonstration of hostility must be nearly contemporaneous to the conduct element of the offence (at the time of the offence or immediately before or after).

The demonstration of hostility is likely, in many cases, to be something different from and additional to the conduct element of the offence. Mere evidence of the commission of the substantive offence against a victim is not sufficient.

Motivated by hostility

The second limb of section 145 is concerned with the offender's motivation, requiring proof that the substantive offence was wholly or partly motivated by hostility towards persons who are of a particular race or religion. Motive can be established by evidence relating to what the defendant may have said or done on other occasions or prior to the current incident. In some cases, background evidence could well be important if relevant to establish motive, for example, evidence of membership of, or association with, a racist group, or evidence of expressed racist views in the past might, depending on the facts, be admissible in evidence.

With reference to interpretation, it should be noted that section 28(1)(b) of the Crime and Disorder Act 1998, which refers to racial hostility, has been held to be wide enough to include hostility towards one member of such a group, since section 6(c) of the Interpretation Act 1978 provides that "words in the plural include the singular" unless the contrary intention appears, and no such contrary intention appears in the provision.

In addition, the circumstances include those where an offence is motivated by hostility towards a third party, based on the relevant characteristic, who is not present: see Taylor v DPP [2006] EWHC 1202 (Admin). Accordingly, an offence committed against one person (or many persons) but motivated by hostility towards another person or persons on the basis of their perceived disability would seem to satisfy the statutory test.

Case law

The following cases illustrate the approach that the courts have adopted when interpreting the law:

Evidence of words (spoken or written) or actions that show hostility towards the victim will be required. "Demonstrations" of hostility often involve swear words, for example: "black bastard" ( R v Woods [2002] EWHC 85) or "African bitch" ( R v White [2001] EWCA Crim 216). In RG & LT v DPP [2004] EWHC 183 May LJ said "It may be possible to demonstrate racial hostility by, for instance, holding up a banner with racially offensive language on it".

In R v Rogers (2007) 2 W.L.R. 280, the defendant was involved in an altercation with three Spanish women during the course of which he called them "bloody foreigners" and told them to "go back to your own country". The House of Lords, in upholding the defendant's conviction, held that the definition of a racial group clearly went beyond groups defined by their colour, race, or ethnic origin. It encompassed both nationality (including citizenship) and national origins. The statute intended a broad non-technical approach. Furthermore the victim might be presumed by the offender to be a member of a particular group, even if that was not correct. The House of Lords added that the fact that the offender's hostility was based on other factors in addition to racist hostility or xenophobia was irrelevant. The court also observed that the necessary hostility could be demonstrated by the wearing of swastikas or the singing of certain songs.

The demonstration of hostility need not be based on any malevolence towards the group in question. Disposition at the time is irrelevant: see DPP v Green [2004] EWHC 1225 (Admin.) and R v Woods, in which it was irrelevant that the offender, who used racially abusive language to a doorman after being refused admission, might well have abused anyone standing in the victim's place by reference to any obvious physical characteristic.

The motivation based on hostility need not be the sole or main motivation for the offence; it may also be motivated by other reasons. In DPP v McFarlane [2002] EWHC 485 (Admin), the defendant shouted threatening and racist abuse at the victim after finding the victim parked in a disabled bay in which the defendant was entitled to park. It was immaterial that the defendant may have had an additional reason for uttering the racial words in question.

The victim's reaction to the hostility is not relevant. See R v Woods, in which the victim was called a "black bastard" but said in evidence that he was "not bothered" by such comments. The Administrative Court found that the use of racist abuse during the commission of the basic offence made out the test for racial aggravation.

Demonstrated: multiple offenders

Prosecutors will need to analyse carefully the facts of a particular case to determine whether a particular offender can be said to have participated in a demonstration of hostility.

In R v Davies and Ely [2004] 2 Cr App R (S) 148 (29), a joint allegation of wounding with intent, the fact that one offender uttered words of racial abuse during the attack did not make all guilty of the aggravated offence, on the facts of the case, and the defendants should not be so sentenced when the evidence did not identify the one who uttered the words.

However, in RG and LT v DPP May LJ said that, "an offender may demonstrate racial hostility by joining in the activities of a group of people where a sufficient number of members of the group are themselves demonstrating racial hostility, and where the defendant's adherence to the group is such as to go beyond mere presence within the group, but so as to associate himself or herself with the demonstration of racial hostility which the group as a whole is displaying".

How to prove an offence was racially or religiously aggravated within the meaning of the Crime and Disorder Act 1998 and section 145 of the Criminal Justice Act 2003.

To assist prosecutors to build cases that will satisfy the criteria for an increased sentence under s145, the elements of each subsection that need to be satisfied are set out below, followed by the evidence that will be necessary or useful to establish those elements.

A. Demonstrating hostility

The elements to be satisfied are that:

1. The offence to be sentenced has one or more identifiable victims.

2. The victim (or one of them) belongs to a particular racial or religious group or there is evidence that the offender presumed that he or she did so at the time of the offence (whether or not that was in fact correct).

3. The offender, by words or deeds or other indication, demonstrated (i.e. actually manifested or indicated) some hostility towards the victim based on the actual or presumed membership of a racial or religious group. Where the offence itself involves some hostile act towards the victim (i.e. an offence of assault) there must additionally be some evidence of a demonstration of hostility on grounds of actual or perceived membership of a racial or religious group. It need not be proved that the offender was actually motivated by any malevolence on grounds of the race or religion but it must be shown that, viewed objectively, he did in fact make some outward indication of hostility on that ground. Verbal abuse, referring to the membership of that group or a feature of it, will suffice provided it actually demonstrates hostility towards the victim. Expressions of, or behaviour consistent with, contempt for the individual victim is unlikely alone to suffice, unless it can be shown to amount to the necessary demonstration of hostility based on the actual or presumed membership.

4. The demonstration of hostility must have occurred at the time of or immediately before or after the conduct element of the substantive offence.

5. In any case involving multiple offenders, consider first whether there is evidence that each offender, by his behaviour in committing the conduct element of the substantive offence, associated himself with the demonstration of hostility proved (in which case all will be liable for the aggravating feature). If there is no such evidence, can it be shown that the individual offender was himself responsible for the demonstration of hostility relied upon.

The following evidence will be necessary:

1. Evidence of the utterance, doing or showing of any indication of hostility towards the victim. The evidence should be as particular as possible as to the terms of the indication of hostility.

2. The victim (or one of them) belongs to a particular racial or religious group or there is evidence that the offender presumed that he or she did so at the time of the offence (whether or not that was in fact correct).

3. Alternatively and/or additionally, evidence that the offender either knew or presumed that the victim belonged to a racial or religious group.

4. Evidence that the hostility referred to in (1) was based on the actual, known or presumed membership of a race or religion.

5. Evidence that the demonstration of hostility relied upon was more or less contemporaneous with the conduct element of the offence, or that it can immediately be related to it in time.

In addition, evidence of some malevolence towards the victim based on his or her actual or presumed race or religion, although not necessary, will be useful. This need not necessarily be contemporaneous to the substantive offence.

It should be noted that mere evidence of the commission of the substantive offence against a victim who identifies with a race or religion will not suffice. That is not to say that it is irrelevant: evidence of the commission of an assault offence or one that involves the use or threat of violence may well be good evidence of the relevant hostility being present or demonstrated. Typically however there will be another explanation for the commission of the offence and so further evidence of a specific, express demonstration of hostility based on presumed or actual race or religion will be required.

Motivated by hostility

The elements to be satisfied are that:

1. The offender can be shown to harbour a hostility towards a person or persons who belong to, or are presumed to belong to, a religious or racial group.

2. At least one reason why the offender committed the offence was his hostility towards that person or such persons who belong to, or are perceived to belong to, this group i.e. his purpose or incentive for committing the substantive offence included that hostility, even if it was also motivated by other reasons. It need not be shown that it was his sole or main motivation.

3. It need not necessarily be the case that the immediate victim of the offence belongs to this group. Indeed, it is not necessary that there is one, or more than one, individual victim of the offence, provided that the directed hostility is one of the motivations. For example, an offence may be directed at:

A friend or associate

A Synagogue or Mosque

An organisation known to support members of ethnic or religious groups

The following evidence will be necessary:

1. Primary evidence, whether direct or circumstantial, from which it can be deduced or inferred that the offender has a hostility towards people (or one person) of a particular race or religion. The kind of evidence will vary from case to case but may well include, for instance:

words, whether contemporaneous or not;

writings;

social media postings;

insignia;

membership of far right groups

presence with others promoting such hostility or association with them;

previous incidents of hostility, e.g. targeting only persons of a particular religion as the victims of criminal attacks or forms of abuse, such as a Jewish person's house for criminal damage but no other houses in the same street; and

previous convictions for offences directed at similar victims.

2. Evidence from which it can be inferred that the current offence is motivated by the hostility referred to. In some cases the existence of the hostility and the fact of its contribution to motivation may derive from the same evidence and may be direct and simple: for example, the words accompanying the conduct element of the offence, as reported by the victim, may make clear the hostility of the offender for persons of a particular race or religion and the association of the feeling with the commission of the offence. In other cases a more determined search for such evidence will be necessary.

In cases where the obvious motivation for the commission of the offence is common to all such offending (theft, robbery, sexual offending, drugs offending, etc.) there will have to be discrete, additional evidence of motivation which displaces the obvious inference.

In cases where the offence charged usually has a fact specific motive (public order offences directed at individuals, offences against the person, etc.) it may be that the primary evidence readily gives rise to the conclusion that the hostility is based on race or religion. If not, some further, secondary evidence of motive will be necessary.

Incitement to Racial Hatred - Part III Public Order Act 1986

The Act defines "racial hatred" as hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins).

For an offence to be committed under any of these sections of the Public Order Act 1986, there has to be one of the acts described therein: it has to be "threatening, abusive or insulting", and it has to be intended to or likely in all the circumstances to stir up racial hatred.

The words "threatening, abusive or insulting" are to be given their ordinary meaning and case law dealing with other provisions of the Public Order Act 1986 can assist with this.

Racial hatred is defined in section 17 of the Act. The prosecution must prove that hatred was intended to be stirred up or that it was likely to be stirred up. "Likely" does not mean that racial hatred was simply possible. We therefore have to examine the context of any behaviour very carefully, in particular the likely audience, as this will be highly relevant.

Article 10 of the European Convention on Human Rights [ECHR] allows freedom of expression save in certain limited circumstances. These circumstances include the offences contained within Part III of the Public Order Act 1986 (ss18-23).

Additionally, Article 17 of the Convention states: "Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention." Relevant case law includes Glimmerveen and Hagenbeek v Netherlands 18 DR [1987] and Kuhnen v Germany 56 DR [1988].

In deciding upon the public interest of charging these offences it is essential that prosecutors keep in mind that in a free, democratic and tolerant society people are able to robustly exchange views, even when these may cause offence. However, the rights of the individual to freedom of expression must be balanced against the duty of the state to act proportionately in the interests of public safety, to prevent disorder and crime, and to protect the rights of others.

All such allegations are by their very nature highly sensitive. For that reason, and to ensure a consistent approach, any allegation under this legislation, must be referred by the relevant CPS Area to the Special Crime & Counter Terrorism Division (SCCTD). Referral means the submission of a report by the Area to enable SCCTD and the Area to have an informed discussion about where the responsibility for the case should lie.

When an Area becomes aware of such a case, it should be referred to SCCTD within seven days. If it is decided that the case should be prosecuted as an offence of incitement to racial hatred, SCCTD will take over the conduct of the case from the Area. If SCCTD considers that it is clearly a case where incitement to racial hatred does not apply, the case should be returned to the Area within seven days of that decision being made.

If SCCTD decides to deal with a case, the file is held there and dealt with there. Thereafter, cases can only proceed with the consent of the Attorney General.

Racial and Religious Hatred Act 2006 - Stirring Up Religious Hatred

The Racial and Religious Hatred Act 2006 came into force on 1 October 2007. It created new offences of stirring up religious hatred, which are significantly different from the race hate offences contained within Part III of the Public Order Act 1986. The Act defines "religious hatred" as hatred against a group of persons defined by reference to religious belief or lack of religious belief.

The offence is committed if a person uses threatening words or behaviour, or displays any written material, which is threatening, if he intends thereby to stir up religious hatred. Threatening is the operative word, not abusive or insulting. Possession, publication or distribution of inflammatory material is also an offence. The offence can be committed in a public or private place, but not within a dwelling, unless the offending words and behaviour were heard outside the dwelling, and were intended to be heard. The defendant must intend to stir up religious hatred; recklessness is not enough.

There is a freedom of expression defence contained in Section 29J, which confirms that nothing in the Act "... prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult, or abuse of particular religions, or the beliefs or practices of its adherents."

Prosecutions for this offence require the consent of the Attorney General and are dealt with under the same arrangements as offences of inciting racial hatred.

However, CPS Areas are required to carry out an initial review and prepare a report if the case is to be referred to SCCTD confirming that there is at least on the face of it evidence of the required legal elements.

Racialist chanting at football matches - Section 3 Football Offences Act 1991 (as amended)

This offence is committed when a group of people, or one person acting alone, chants something of a racialist nature at a designated football match. "Racialist" means the same as "racist".

To prove this offence, the prosecution has to show that the chanting, which means the repeated uttering of words or sounds, was threatening, abusive or insulting to another person because of that person's colour, race, nationality (including citizenship) or ethnic or national origin.

It is not necessary to prove that the chanting was directed at a particular individual or group, although it will often be directed at a player or players from Black and minority ethnic communities.

The offence only applies to a "designated" match as specified in the Football (Offences) (Designation of Football Matches) Order 2004, namely, one involving a club that it a member of the Football League, the Football Association Premier League, the Football Conference or the Scottish Football League or the Welsh Premier League, or whose home ground is for the time being situated outside England and Wales, or represents a country or territory. The definition also includes a match in competition for the Football Association Cup (other than in a preliminary or qualifying round).

If convicted, the accused person can be fined (level 3), and, in addition to any other penalty, banned from attending football matches both in this country and abroad.

Even when a person is not charged with an offence, a magistrates' court may issue a similar banning order against a person who has been involved in violent behaviour before, if the court is satisfied that this would help to prevent violence or disorder at football matches in the future. The police (and not the CPS) have the power to apply to the court for a banning order in these circumstances. Breach of a banning order is punishable by a maximum penalty of up to six months' imprisonment.

The crime does not apply to chanting which is of a religious nature. In such circumstances, it may be appropriate to charge religiously aggravated public order offences.

This offence is aimed at specific behaviour within football grounds at designated matches and was introduced to combat the problem of mass racist chanting.

However, this offence should not be seen in isolation and it is not the only legislative tool available to deal with racist or religious football related crime.

In some situations, it might be more appropriate to charge other offences, such as specific racially or religiously aggravated public order offences. This may be the case, for example, where:

the offence is committed outside the stadium at a designated football match;

a public order offence is committed where religious as opposed to racist hostility is demonstrated to the victim or victims; or

racial abuse and harassment of black and minority ethnic players takes place at a non-designated football match, such as at an amateur game.

Other religious offences

In addition to the religiously aggravated offences, prosecutors should be aware tare several other statutory offences designed to protect acts of worship of various kinds which may be useful offences for prosecutors to bear in mind.

Section 2 of the Ecclesiastical Courts Jurisdiction Act 1860 creates an offence of violent or indecent behaviour in any place of worship that has been certified under the Places of Worship Registration Act 1855 and the Act also affords protection to a person preaching or carrying out other religious duties. Mosques and synagogues are certified and are therefore covered by this legislation.

The penalty on conviction is a level 1 fine or up to two months' imprisonment. Prosecutors should consider if another charge with a higher maximum penalty is more appropriate to deal with the kind of criminal behaviour which could be covered by section 2 of the 1860 Act. There might be circumstances, however, in which a section 2 offence is more appropriate simply to mark the anti-religious nature of the offence and where the court's sentencing powers for that offence are considered sufficient.

Section 36 of the Offences Against the Person Act 1861 creates an offence of assaulting 'a clergyman or other minister' or preventing them from officiating at religious services. This is an either way offence which carries a maximum penalty of two years' imprisonment on indictment.

There are also specific offences under the Cemeteries Clauses Act 1847 and the Burial Laws Amendment Act 1880 of causing disturbances in cemeteries and disrupting or obstructing burials respectively.

Victim and Witness Issues

To ensure that 'vulnerable' and 'intimidated' witnesses have access to the support they need, it is important for prosecutors to be familiar with CPS Operational Guidance in relation to the Victims' Code and with legal guidance on Special Measures.

The use of Victim Personal Statements should be encouraged in all hate crime prosecutions and requests should be made to the police at the earliest opportunity. A Community Impact Statement (CIS) may also be made to show the impact of offending on the wider community. For more information, please see the CPS guidelines on the use of CIS in hate crime cases .

Victims of hate crime are entitled to an enhanced service under the Victims' Code and in the event of a decision to end the case or to substantially alter charges, the victim must be notified of the reasons within one day. The victim should also be advised how they can access further information from the CPS and seek a review of the decision.

A meeting must be offered to the victim in hate crime cases in accordance with the Victims' Code. The meeting could be a dedicated teleconference or a face-to-face meeting.

A meeting is not required when the CPS makes a decision not to prosecute during a charging consultation save for in homicide cases.

Withdrawal

In cases with a racist or religious element - as in all cases - the reviewing prosecutor must apply the Code for Crown Prosecutors with regard to the determination of the public interest. The CPS prosecutes on behalf of the public at large and not just in the interest of any particular individual. However, when considering the public interest, prosecutors should always take into account the consequences for the victim of the decision whether or not to prosecute, and any views expressed by the victim.

Many members of Black, Asian and Minority Ethnic communities and faith communities do not report racist or religious crime to the police because of a lack of confidence in the criminal justice system. When offences are eventually reported, previous failures to report should not be seen as diminishing a witness's credibility.

In cases where the victim or witness has reported a case to the police, the defendant has been charged, and the victim or witness then decides that they no longer wish to give evidence, it is essential that the police are asked to make full enquiries into why support for the prosecution has been withdrawn. The CPS must:

ask the police to take a written statement from the victim explaining the reasons for that withdrawal, confirming whether the original complaint was true and identifying whether the victim has been put under any pressure to withdraw support;

ask the police to give their views and, where appropriate, consult the Area Hate Crime Co-ordinator.

The College of Policing Hate Crime Operational Guidance (2014) contains guidance on the information the police should provide to the CPS to accompany a withdrawal statement.

As a result of receiving the withdrawal statement and accompanying police report, prosecutors may need to consider whether further charges, for example, witness intimidation or harassment are appropriate. It may also be appropriate to ask the police to offer the victim the services of a specialist support agency if this has not already been done.

The prosecutor should also liaise closely with the Witness Care Officer to establish what support has been provided to the victim and to establish whether it would be appropriate to offer the victim the services of a specialist support agency if this has not already been done. The prosecutor must also have regard to any special measures that may help the victim or witness to give evidence.

Continuing a case where the victim indicates a withdrawal of support

If a special measures application is not possible or the victim remains unwilling to give evidence, consideration must be given to whether any of the following options is possible and appropriate:

proceeding without using the victim's evidence; for example, by relying on statements from other witnesses, 999 call recordings, admissions in interview, CCTV evidence, scientific evidence, photographs and officers' statements;

making a hearsay application under section 116 of the Criminal Justice Act 2003;

compelling the victim to give evidence; or

discontinuing as a result of the victim withdrawing support for the prosecution.

In addition to the evidence of the nature and seriousness of the offence, background information is crucial in helping a prosecutor to make the correct decision about how to proceed in a case where the victim has withdrawn their support for the prosecution. Some factors that should be considered include:

the ability of the victim to give evidence;

whether there is an on-going relationship between the victim and the defendant;

if there is an on-going relationship, the history of that relationship and any previous incidents;

the likelihood of the defendant offending again;

the impact on the victim of proceeding or not proceeding with the case; and

whether there have been any threats made since the incident.

Witness Summons

Section 169 of the Serious Organised Crime and Police Act 2005 allows the court to issue a witness summons if it considers it to be in the interests of justice to do so.

Before taking a decision to issue a summons to require the victim to give evidence, prosecutors must make enquiries to satisfy themselves as far as possible that the safety of the victim will not be endangered by their decision. The safety of the victim is a prime consideration.

If the reason for a victim or witness's withdrawal is based on fear or intimidation, the prosecutor needs to have such evidence brought to their attention. This will allow appropriate decisions to be made about any applications under section 116(2)(e) of the Criminal Justice Act 2003. Such applications are only likely to succeed where there is other evidence to put before the court. Section 116 applications are often unsuccessful when the victim is the only witness to the offence, because in such cases it is very difficult to satisfy the court that justice is being served when the defence cannot cross-examine the only witness against them.

If there is insufficient evidence to continue without the evidence of the witness or victim, the reviewing prosecutor will need to weigh up whether the facts of the case are sufficiently serious to require the victim or witness to attend court under a witness summons .The final decision is that of the prosecutor, but the decision to compel a witness to give evidence may be construed negatively, so every attempt should be made to regain the victim's or witness's support for the prosecution wherever possible.

Alternative Charges

It is important that prosecutors are familiar with the circumstances in which courts can return alternative verdicts without the need for alternative charges being laid, or alternative counts on an indictment being preferred.

The Crime and Disorder Act 1998 provides scope for alternatives in respect of some of the racially or religiously aggravated offences.

Section 6(3) Criminal Law Act 1967 allows for alternative verdicts in trials on indictment where the allegation in a count amounts to or includes (expressly or by implication) an allegation of another offence falling within the jurisdiction of the court of trial. For example, a verdict of section 47 ABH may be returned as an alternative to a count of racially/religiously aggravated ABH. However, a summary offence will only fall within the jurisdiction of the Crown court if it is an offence to which section 40 of the Criminal Justice Act 1988 applies (power to join in indictment a count for common assault etc.). Since the implementation of section 11 of the Domestic Violence, Crime and Victims Act 2004 (on 31 March 2005) it has not been necessary for a count of common assault to be included on an indictment as an alternative to racially aggravated common assault. Section 11 gave juries the power to convict a defendant of common assault as an alternative verdict to any count on the indictment (except treason or murder) which expressly or by implication includes an allegation of assault.

In summary cases there is no power for the court of trial to return an alternative verdict to a lesser or alternative offence. Therefore, in cases heard in the magistrates' court the 'basic offence' should normally be included as an alternative charge. This will enable the court to convict the defendant of the 'basic offence' when it finds those facts to be proved, but is not satisfied in relation to the element of racial and religious aggravation. The exception to this is the R v Fitzgerald scenario (see above), where the use of racially or religiously hostile words is the essence of the offence, and where, if those words are not proved to have been used, no offence has been committed.

For cases tried in the Crown court, it is good practice to include the basic offence as an alternative count on the indictment, even though the jury has the power to return an alternative verdict. The inclusion of the alternative count clarifies the position at the outset and avoids reliance on the trial judge or prosecuting counsel in bringing the possibility of an alternative verdict to the jury's attention.

It must always be made clear to the court, the defence and the victim why this has been done. It is not an admission of weakness of the case, nor is it an indication that a plea of guilty to the 'basic' and therefore less serious offence is acceptable.

The Crime and Disorder Act 1998 provides that a specific aggravated offence is committed if it involves racial or religious hostility. If both elements are present, then two offences should normally be charged: one in respect of the racially aggravated offending and another in respect of the religiously aggravated offending. Consideration should also be given to putting a 'basic' non-aggravated alternative charge in accordance with the guidance above.

Where there is evidence to support a realistic prospect of conviction in respect of both racial and religious aggravation, but it is clear from the evidence that:

a) the offence was predominantly motivated by one type of such hostility; and/or

b) involved a demonstration of hostility predominantly based on one type of aggravation,

then it may be appropriate to charge only the one aggravated offence, (together with the 'basic' offence in the alternative if considered appropriate).

However, in doing so, the prosecutor should make it clear to the defence that all of the defendant's words and behaviour will be opened by the prosecution, including that which relates to the element of aggravation which has not been charged. If the defence do not accept this, then separate offences relating to the racial aggravation and to the religious aggravation may be required in the public interest.

Prosecutors must always apply the overarching principles contained in the Code for Crown Prosecutors and ensure that the charges selected:

reflect the seriousness and extent of the offending;

give the court adequate powers to sentence and impose appropriate post- conviction orders; and

enable the case to be presented in a clear and simple way.

Where the offence is not a specific aggravated offence provided by the Crime and Disorder Act 1998 offence, only one charge can be put as there is only one offence established in law. However, if such an offence involves evidence of both racial and religious hostility, both elements should be drawn to the court's attention as an aggravating factor at sentencing, applying the provisions of section 145 Criminal Justice Act 2003.

In Henderson v Crown Prosecution Service [2016] EWHC 464 (Admin), the court decided that in order to avoid the objectionable course of convicting for both the underlying offence and the aggravated offence, the sensible course was to adjourn the trial of the underlying offence sine die.

If the defendant wishes to plead guilty to the underlying offence but contest the aggravated offence, that offer to plead should be noted but the plea should not be taken to the underlying offence alone.

Accepting pleas

It is CPS policy not to accept pleas to lesser offences, or a lesser basis of plea, or omit or minimise admissible evidence of racial or religious aggravation for the sake of expediency.

Where it is thought appropriate to accept a plea, full regard should be had to the Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise.

Sentencing

Enhanced sentencing powers for racially or religiously aggravated offences

The specific offences under the Crime and Disorder Act 1998 carry higher maximum penalties than the basic offence equivalents. Some of them also become either way offences in the aggravated form.

Statutory sentencing duty

In addition to the specific offences created by the Act, the law imposes a general duty on criminal courts, when sentencing an offender, to treat more seriously any offence which can be shown to be racially or religiously aggravated (Section 145 Criminal Justice Act 2003)

Prosecutors have a duty to present all relevant material to allow the court to pass sentence in accordance with the law. Racial or religious aggravation makes an offence more serious and the court has a duty to take this into account when it sentences a defendant.

Where the evidence to support s145 has been identified, instructions to the prosecuting advocate should include a request that an application for an uplift be made, with the basis for this clearly set out.

There is no procedure laid down by which the court is to determine whether a s145 uplift should be applied.

If there is a trial, although not an element of the substantive offence, ideally the issues will at least have been canvassed during the evidence, so that the defendant has an opportunity to deal with them. Care should be taken not to use this as an excuse to introduce evidence that is otherwise strictly inadmissible to prove the elements of the offence, if it has no relevance to the matter in issue in the trial.

Following conviction, whether after a trial or on a plea of guilty, the issue should form part of the presentation of the case on sentence. Any basis of plea should be scrutinised before acceptance, to ensure that the issue is either accepted or not denied. In most cases involving a plea, defendants are unlikely to accept that s146 applies to their case. See the Attorney General's Guidelines on the Acceptance of Pleas and the Prosecutor's Role in the Sentencing Exercise for the principles to be followed when considering the acceptance of a plea.

In the event of a dispute, the burden of proving the elements of either limb of s145 is on the prosecution and the standard is the criminal one. Case law confirms that the judge should not draw an inference that the offence was so aggravated and pass sentence on that basis without putting the defendant on notice and allowing him to challenge the inference: see R v Lester 63 Cr App R (S) 29.

A Newton hearing may well be necessary. See the legal guidance on Newton Hearings for the procedure to be followed.

After hearing the relevant evidence, the court should state in open court whether the aggravating feature has been found proved: see s145(2). If it is not found proved, s145 will not apply and the court will proceed to sentence accordingly. If the aggravating feature is found proved, s145(2) will apply and any sentence that the court would have imposed for the "basic" offence should be increased accordingly.

In the case of those offences which could be charged as specific racially or religiously aggravated offences, it would not usually be appropriate following conviction for a "basic" offence then to seek to introduce evidence that the offence was racially or religiously aggravated under Section 145 - to do so would amount to introducing evidence of a more serious offence than that for which the defendant has been convicted ( R v Druce 14 Cr App R (S) 691; R v Davies (1998) Cr App R (S) 380). It is important to bear this in mind at a number of key stages of the case, especially review and charge selection, and when considering any pleas offered by the defendant.

However in R v O'Leary [2015] EWCA Crim 1306, the Court of Appeal held that a sentencing judge was entitled in certain exceptional circumstances to apply a section 145 sentencing uplift when dealing with an underlying offence even though the defendant had not been charged with the racially aggravated form of the offence. In that case the indictment included several counts and the prosecution decided not to include a racially aggravated offence of unlawful wounding to avoid confusion.

The outcome would have been different if the defendant had been acquitted of the racially aggravated version of the offence; or if the racially aggravated offence had been withdrawn from the indictment.

Prosecutors should be familiar with the approach that courts take to sentencing in a case to which s145 applies. This is set out in the section on Hate Crime in the Magistrates' Court Sentencing Guideline.

The Guideline mirrors the guidance given in R v Kelly & Donnelly [2001] 2 Cr App R (S) 73 CA, which addressed the appropriate increase in sentence for racial aggravation and endorsed the following approach:

the court should first decide on the appropriate sentence without the element of racial or religious aggravation, but including any other aggravating or mitigating features;

the sentence should then be enhanced to take account of the racial or religious aggravation;

if the offence itself merits custody, that sentence should be enhanced by an appropriate amount to reflect the degree of racial or religious aggravation;

the judge should say publicly what the appropriate sentence would have been without the racial or religious aggravation.

Although the original guidance applies to offences charged as specific racially aggravated offences and to all other offences where section 145 Criminal Justice Act 2003 applies, it should also be taken as applying to religiously aggravated offences, following the amendment to the Crime and Disorder Act 1998.

In R v Fitzgerald [2003] EWCA Crim 2875 the Court of Appeal acknowledged the guidance contained in Kelly and Donnelly but distinguished it by noting there will be cases in which the aggravating feature of the offence is so inherent and integral to the offence itself that it is not possible sensibly to assess the overall criminality involved in such a discrete way. In such cases, the Court must assess the seriousness of the conduct involved and its criminality as a whole.

The position was further considered in R v Higgins [2009] EWCA Crim 708. The Court of Appeal reaffirmed the Kelly and Donnelly approach and noted this was now adopted by the Sentencing Guidelines for assault cases.

The court should always be invited to apply the staged approach that the Court of Appeal and the Sentencing Council recommend unless it is a rare case that relies on verbal abuse alone and where there are no abusive words other than the racist (or other hate) words the court should be invited to record and state in open court why it cannot follow the staged approach and prosecutors should ensure those comments are recorded. Note that under the Assault Guideline, the s146 statutory aggravating factor should be taken into consideration at step 1 (determining the offence category). There must be no subsequent element of double counting.

Prosecutors should be aware of the courts' powers to make any ancillary orders when sentencing. For more information, see the legal guidance on Sentencing - Ancillary Orders.

Unduly lenient sentences

The racially and religiously aggravated offences in sections 29 to 32 of the Crime and Disorder Act 1998 are eligible for referral to as unduly lenient sentences if sentenced in the Crown Court.

It is also possible that a crime that has been sentenced as a racially or religiously aggravated hate crime as per the requirements of s145 of the Criminal Justice Act 2003 may become the subject of an unduly lenient sentence referral (for example, wounding with intent, rape and robbery).

For further information see the legal guidance on Unduly Lenient Sentences.

Schedule 21 - Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence)

Schedule 21, paragraph 5(2)(g), provides for a starting point of 30 years (rather than 15 years) for the minimum term for a life sentence for murder aggravated on the grounds race or religion. S145 uplifts will not apply in such cases. For more information, see the legal guidance on Homicide: Murder and Manslaughter.

Hate Crime Co-ordinators

Area Hate Crime Co-ordinators are available to assist prosecutors on a range of hate crime related issues.

Annex A - Legislation used to prosecute Racist and Religious Crime

Racially or religiously aggravated offences - Crime and Disorder Act 1998(amended by Anti-terrorism, Crime and Security Act 2001 and Part 11 of Schedule 9 Protection of Freedoms Act 2012)

Racially/religiously aggravated wounding/grievous bodily harm (s.29(1)(a) CDA)

Racially/religiously aggravated actual bodily harm (s.29(1)(b) CDA)

Racially/religiously aggravated common assault (s.29(1)(c) CDA)

Magistrates' court
- 6 months

Racially/religiously aggravated damage (s.30(1) CDA)

Racially/religiously aggravated fear/provocation of violence (s.31(1)(a) CDA)

Crown Court
- 2 years imprisonment
Magistrates' court
- 6 months

Magistrates' court
- 6 months

Racially/religiously aggravated intentional harassment/alarm/distress (s.31(1)(b) CDA)

Magistrates' court
- 6 months

Racially/religiously aggravated harassment/alarm/distress (s.31(1)(c) CDA)

Magistrates' court
- fine up to level 4

Magistrates' court
- fine up to level 3

Racially/religiously aggravated harassment and stalking

stalking (s.32(1)(a) CDA

Magistrates' court
- 6 months

Racially/religiously aggravated harassment and stalking

stalking involving fear of violence or serious alarm or distress (s.32(1)(b) CDA)

Incitement to racial hatred - sections 17-29 Public Order Act 1986

Incitement to religious hatred - sections 29B-29G Public Order Act 1986

Offence

Maximum Penalty

s.29E - distributing/ showing/playing a recording intended to stir up religious hatred

Crown Court
- 7 years imprisonment
Magistrates' court
- 6 months

Football Offences - section 3 Football Offences Act 1991 (amended by section 9 Football (Offences and Disorder) Act 1999)

Offence

Maximum Penalty

Engaging in or taking part in indecent/racialist chanting at a designated football match

Fine up to level 3

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Racist and Religious Hate Crime - Prosecution Guidance

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This guidance sets out the factors to be considered when reviewing cases and prosecuting offences classified as racist or religious hate crime. It also addresses the approach to be taken in other cases where race or religion are a factor.

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Hate crime has not been defined in law and there is no single piece of  legislation that criminalises hate crime (Her Majesty’s Inspectorate Constabulary, Fire & Rescue Services (HMICFRS), 2018).

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It indirectly impacts communities, threatening cohesion, leading to increasing feelings of fear and vulnerability; undermining trust in policing and the criminal justice response to its incidence (Brown et al, 2018) as highlighted by the murder of Stephen Lawrence (College of Policing (COP), 2014).

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Thousands of people are physically and sometimes brutally attacked each year in hate crimes. Such offences not only affect the victims, but also the thoughts and behaviour of others.

Within 24 hours of the massacre of 49 people at a gay nightclub in Orlando, protests and vigils were joined by thousands in London, Sydney, Hong Kong, Bangkok and many other cities around the world.

Although a particularly stark example, the response shows how the effects of hate crime are not limited to the immediate victims: they also affect others who learn of such events.

Over the past five years, the Hate Crime Project at the University of Sussex has investigated these wider impacts of hate crime, looking at how simply knowing a victim, or even hearing about an incident, can have significant consequences.

Many such attacks take place: in England and Wales, for example, the number of hate crimes recorded by police has increased sharply, rising 29%, to more than 80,000, in 2016-17.

Race hate crimes were most common, but victims might also be targeted because of their sexual orientation, religion, disability, or because they are transgender.

The University of Sussex project used studies, experiments and interviews with a total of more than 1,000 Muslim and 2,000 LGBT people in the UK to investigate the indirect effects of such crimes.

It found that four out of five participants knew someone who had been victimised in the past three years, with about half knowing someone who had been physically assaulted.

As a result of hearing about hate crime in their community, the most common responses were anger, anxiety and feelings of vulnerability.

These emotional reactions had a significant impact on both LGBT and Muslim participants' feelings of safety.

Many said they took steps to increase their own security and avoided parts of their neighbourhood where they thought an attack was likely.

Others joined community support groups.

One Muslim woman described how she had responded to reports of Islamophobic hate crimes, including the murder of 82-year-old Mohammed Saleem, who was stabbed as he walked home from a mosque in Birmingham.

"I do feel vulnerable... and it does affect my behaviour," she said.

"I become more fearful and avoid going to certain places that I feel might be a risk to my safety. And especially within certain times, I would avoid walking within those areas."

One reason for these indirect effects is that people feel more empathy for victims who come from their own community.

When they learned about a fellow Muslim, or LGBT person, being abused because of their identity, they put themselves in the victims' shoes and felt something of what they must have felt during the attack.

This made them feel angry on the victims' behalf, but also threatened and fearful that they could also become a victim.

These feelings can lead people to change their behaviour - for example, using social media to raise awareness of such attacks - with the effects lasting three months or longer in many cases.

The University of Sussex research demonstrated these effects through experiments in which participants read newspaper articles about someone being attacked.

All the articles were identical, except that some described the attacks as anti-LGBT or Islamophobic hate crimes, while the others portrayed the attacks as random, with no mention of hate as the motivation.

Those who read about hate crimes reported more empathy for the victim which, in turn, made them more likely to express feelings of anger or anxiety than those who read about the non-hate crimes.

The strength of their responses suggest that hate crimes can have a greater impact on the victims and those in the wider community than otherwise comparable attacks which are not motivated by hate.

What is hate crime?

A hate crime is defined as "any criminal offence which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice" based on one of five categories: religion, faith or belief; race, ethnicity or nationality; sexual orientation; disability; or gender identity.

62,685 (78%) were race hate crimes

9,157 (11%) were sexual orientation hate crimes

5,949 (7%) were religious hate crimes

5,558 (7%) were disability hate crimes

1,248 (2%) were transgender hate crimes

Total is 105% because some crimes fit into more than one category

Among the Muslim and LGBT people who took part in the study, simply knowing someone who had been a victim of a hate crime was linked to them having less positive attitudes towards the police, the Crown Prosecution Service and the government.

They were also more likely to support laws designed to enhance the penalties for hate crime and different methods of policing - for example, special procedures for dealing with victims and more police in the community.

Most had not had any contact with the police about a hate crime, but members of the Muslim group who had been in touch with them were less likely to believe that they would respond effectively than those who had not had contact.

During one interview, a Muslim man said: "For me it seems that a lot of the police force come from a certain background, and sometimes that's why I think they won't take it [Islamophobic hate crime] seriously."

Attitudes towards different forms of justice used to deal with those responsible for hate crime were also investigated.

More than six out of 10 Muslim and LGBT people who took part in the study said that instead of an enhanced prison sentence, they preferred restorative justice - in which victims meet or communicate with the perpetrators in order to explain the impact of their crime and agree a form of reparation.

This, they believed, was more likely to be an effective way to repair the harm caused by hate and prejudice.

One LGBT person said: "I'm not sure that just sending somebody to prison... is going to change somebody's attitude... Whereas [restorative justice is] a much better route to be able to understand the impact that their behaviour has had on somebody."

The question for police and politicians now is what they can do to reduce the impact of hate crimes.

One step might be to investigate measures - like restorative justice - that aim to address the harm to both the victim and community.

Another might be to ensure greater use of community impact statements in criminal trials.

With tens of thousands of people affected each year, there are many in the Muslim and LGBT communities, and other parts of society, who will be keen to know the answer.

This analysis piece was commissioned by the BBC from experts working for an outside organisation.

Prof Rupert Brown, Prof Mark Walters and Dr Jenny Paterson are at the University of Sussex and are members of the Sussex Hate Crime Project, which was funded by the Leverhulme Trust.

The project recruited more than 2,000 LGBT and 1,000 Muslim people from a wide number of sources, including specific community groups and charities -for example, Stonewall, GALOP, the Muslim Council of Britain and LGBT and Muslim university groups.

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How hate crime affects a whole community

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Tens of thousands are victims of hate crimes each year - but the effects go even wider.

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The victim impact can be profound, causing emotional trauma, leaving victims questioning their identity (Neighbourhood Watch, 2024).

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Incidents motivated by hate have a devastating impact on the victim and their family. Some hate crimes start as more minor incidents, which can escalate into more serious and frequent offences. Where victims suffer a series of such incidents, the cumulative effect can destroy their lives through emotional damage and long term trauma. People are made to feel like they don't belong and will often change their lifestyles or question their identities to try and avoid further incidents.

Hate crime isn't just an attack on an individual but an attack on a community (or group).

Although the police can only charge and prosecute someone when the law has been broken, there are other things that the police and their partner agencies can do to help victims deal with the distress caused by hate incidents.

It's possible to experience tensions in a community before a crime has been committed. It may be a gut feeling or concerns that a high-profile event or incident could have a local impact. Tensions should be reported to your local policing team or Neighbourhood Watch coordinator. Reporting incidents helps build evidence and a profile of a particular area or individual so that something can be done, such as increased patrols or public briefings. It's important to act early and report all hate incidents, whether or not they are criminal offences.

An aggravated crime could be when two people argue, and one party uses a racist or homophobic term to insult the other party.

A motivated crime may be when an individual purposely targets someone in a premeditated attack because of their race, religion, sexual orientation, disability or because they are transgender.

A tougher sentence will be imposed when a judge rules that an incident was motivated by ' hostility or prejudice '.

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Incidents motivated by hate have a devastating impact on the victim and their family. Some hate crimes start as more minor incidents, which can escalate into more serious and frequent offences. Where victims suffer a series of such incidents, the cumulative effect can destroy their lives through emotional damage and long term trauma.

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Hate crime can be defined as any criminal offence that a victim perceives is motivated by, or at the time demonstrates prejudice towards, one of the following five protected characteristics: Race, religion, sexual orientation, transgender identity, and disability (HM Government, 2024).

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Hate crime not only harms its victims, it also harms their families and communities.

The government is committed to tackling hate crime. We want to raise awareness of what a hate crime is and help people understand that it is not right to target individuals based on their identity.

A hate crime is any criminal offence which is perceived by the victim, or anybody else, to be motivated by hostility or prejudice towards someone's:

race

religion

sexual orientation

transgender identity

disability

These aspects are known as 'protected characteristics'.

A hate crime can include verbal abuse, intimidation, threats, harassment, assault and damage to property.

A hate incident is behaviour which isn't a crime but which is perceived by the victim, or anybody else, to be motivated by hostility or prejudice based on the 5 protected characteristics.

Report a hate crime

You can report a hate crime online or call 101 to speak to the police.

Call 999 if you're reporting a crime that's in progress or if someone is in immediate danger.

If you do not feel comfortable reporting directly to the police, there are organisations who can make a report of hate crime on your behalf.

Witnesses, as well as victims, can report a hate crime.

Recognise a hate crime

It is not always easy to tell the difference between a hate crime or hate incident, but if you feel you have been the victim of, or witnessed, hatred based on one of the 5 characteristics you should report it to the police.

Watch these videos to find out more.

Support for victims

There are several national organisations that offer support to victims of hate crime. They provide services such as helplines, guidance, confidential safety advice and training. Some may be able to report a hate crime on your behalf.

More information

Find out what we're doing to stop hate crime in the UK government's hate crime action plan.

Read True Vision's guidance and forms for reporting hate crime.

Read the Crown Prosecution Service (CPS) guidance on hate crime.

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Hate crime not only harms its victims, it also harms their families and communities. The government is committed to tackling hate crime. We want to raise awareness of what a hate crime is and help people understand that it is not right to target individuals based on their identity.

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3.     Reduce under-reporting

Encourage victims and make it more accessible to report hate crime e.g. via downloadable phone apps. Making sure police are trained and forces have specialist hate crime officers (NPCC, 2024). Identify alternative locations to report hate crime like community centres and improve accessibility options for disabled victims.

Work with CPS to raise awareness of successful prosecutions.

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True Vision has been developed so that you can report hate crimes online - you do not have to visit a police station to report.

The police take hate crime very seriously and will record and investigate this offence even if you do not want to give your details. However, you must note that the investigation and ability to prosecute the offender(s) is severely limited if the police cannot contact you. Most importantly we can not get you the support you may need.

You may also specify how you want to be contacted and say if contacting you would cause you any difficulties. The police will not pass on your details without your consent and we would urge you to give your details when you report as this will help you get any support you deserve and improve our chances of identifying the offender.
Click here to report hate crime to the police
When not to use this form

Your online report will be forwarded immediately to the relevant police force for investigation, but it may not receive attention for several hours. For this reason you should never report online an incident where:

The offender is still present

You or anyone else is seriously hurt or in danger

You think the offender may return

In the above circumstances, we would urge you to call 999 and the police will respond immediately.

What Happens When I Report a Crime?

This site has been prepared with our partners who support victims. It has lots of information to let victims know about the support available and what happens after a crime is reported. Please explore the site or get in touch with us if you can't find what you need.

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True Vision has been developed so that you can report hate crimes online - you do not have to visit a police station to report. The police take hate crime very seriously and will record and investigate this offence even if you do not want to give your details.

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4.     Improved victim support

Improve victim support services, establish roles that helps victims report allegations, using multi-agency partnerships such as Community Alliance to Combat Hate (CATCH). Improved use of Victim and Community Impact Statements and witness care throughout the court process. Working with Race Equality Councils to reinforce the victims voice (Ministry of Justice, 2024).

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This is an ongoing journey that both the police and the whole of the population has something to contribute. Hate crime can have considerable negative impact on victims due to the very personal nature of the offence. Further work needs to be done to prevent its existence, ensuring more victims have the confidence to come forward and report offences (Association of Police and Crime Commissioners, 2022).

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Stop Hate UK is here to help you report a hate crime, receive support before, during and after and to help you understand the process.

We encourage everyone to report incidents that they experience or witness. How to do it will vary depending on where you live because unfortunately Stop Hate UK is not funded to work in every part of the UK.

If there is an immediate threat to life or the crime is ongoing, you should call 999.

If there is not an immediate threat to life or the crime is not ongoing, then you have choices.

If Stop Hate UK is not working in your area, and you do not want to speak to the police at this stage, check what is available for you locally or nationally.

If you are below the age of 18, you can report it to Call Hate Out.

If English is not your first language, we will seek the help of a translator so you can still report what has happened.

Areas covered by Stop Hate UK

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Report Hate Crime Here: We encourage everyone to report incidents that they experience or witness. How to do it will vary depending on where you live because unfortunately Stop Hate UK is not funded to work in every part of the UK. If there is an immediate threat to life or the crime is ongoing,...

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Additionally, it will consider factors that impact the incidence of hate crime such as demography and provide analysis of data relevant to these forces. Hate crime statistics help provide a clearer picture of how extensive the issue of hate crime is to illustrate how tolerant society is on the issue of diversity (Pont, 2022).

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The strategy that deals with hate crime is national; each police force is unique and will adapt their response to crime and policing matters differently (Full Fact, 2024).

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The police

Policing in the United Kingdom is sub-divided by region, and each force deals with crime and policing in its own way subject to national requirements. There are 43 police forces in England and Wales, along with the British Transport Police and the separate police forces of Scotland and Northern Ireland.

A list of all police forces (with links to their websites) can be found on the police.uk website.

The number of police officers, police staff, police community support officers (PCSOs), traffic wardens and special constables is published every six months - at the end of March and September - by the Home Office. Breakdowns are available by gender, ethnicity, rank and police force area. There's also data on the number of people joining and leaving the police force.

Supplementary tables provided with each release describe the police workforce by function, including how many: use firearms, deal with missing persons, or are deployed on special operations.

For information on how police numbers have changed over time, the House of Commons Library has compiled these statistics in one place.

International comparisons of police numbers are available from the EU statistical agency Eurostat.

In 2001, HM Inspectorate of Constabulary (HMIC) published a review on police visibility and frontline policing. The review ' Demanding Times' defined frontline policing as: "Frontline police are those who are in everyday contact with the public and who directly intervene to keep people safe and enforce the law"

Figures for the number of frontline police are published by HMIC in 'Valuing the Police' data and in summary format by the House of Commons Library.

The law gives the police forces several powers to carry out law enforcement. The Home Office tracks the following powers: arrests, detentions, stops and searches, road checks, intimate searches (like drug searches), fixed penalty notices (for motoring offences) and breath tests.

Figures for all these are published as part of the annual inventory of police powers and procedures, published by the Home Office.

Arrest figures are broken down by age, sex, type of offence, ethnicity and local area as far back as 2002. More detailed figures for race are published in 'Race and the criminal justice system' by the Ministry of Justice.

Detention figures show how long people are detained for and the proportion of detentions that result in a charge or release without charge (once again as far back as 2002).

Stop and search figures are broken down by: the type of legislation they happen under, the reason given by police for searches, the proportion of searches that result in arrest, the ethnicity of suspects and how likely they are to be searched. The data is available at local force level.

Some figures can be traced back to 2002. HM Inspectorate of Constabulary (HMIC) also released a report in 2013 studying whether police were using stop and search powers fairly.

The data on fixed penalty notices provide information on whether drivers have accrued points on their licence, the offences they've committed and the result afterwards. The statistics on intimate searches, road checks and breath tests cite the reasons given for checks and whether they result in arrests or positive breath tests.

Figures for the number of police stations and 'front desks' (stations the public can access) aren't collected by the Home Office as this is a matter for local police forces.

However, HM Inspectorate of Constabulary (HMIC) collects and publishes data on the number of police stations in each local area, along with the number of front desks and planned numbers for the next few years, all as part of their 'Valuing the Police' series.

The volume of 999 calls coming in to each local police force is published in the same place.

Polling organisation Ipsos MORI have a long-term survey which measures trust in different professions, including the police. It asks respondents "whether you generally trust them to tell the truth or not" as a measure of trust, and publishes figures dating back to 1983.

Survey information on trust in the police and how it is managed is also gathered less regularly by the British Social Attitudes Survey. Every few years between 1987 and 2000 they asked respondents how much they trusted police "not to bend the rules in trying to get conviction".

The Crime Survey of England and Wales captures public opinion on local policing. Tables published by the Office for National Statistics include information on: how confident people are in the police's effectiveness, how often they see police officers, their awareness and use of local police programmes and to what extent they perceive the police as reliable, respectful and fair.

HM Inspectorate of Constabulary (HMIC) has also done public opinion surveys on how safe people feel, how they use local police services and how they communicate with the police as part of their 'Valuing the Police' comparison surveys.

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Policing in the United Kingdom is sub-divided by region, and each force deals with crime and policing in its own way subject to national requirements. There are 43 police forces in England and Wales, along with the British Transport Police and the separate police forces of Scotland and Northern Ireland.

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MPS focuses on having a visible Neighbourhood policing presence responding to issues impacting the community, with over 1700 neighbourhood officers covering the MPS area. Hate crime has become everyday business for MPS officers including on Response and Safeguarding Teams ( MPS. 2019).

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METS Strategy for Inclusion, Diversity and Engagement (STRIDE) seeks to reflect the ethnically diverse community it polices to improve trust. Officers and staff participate in online learning and workshops that focus on valuing difference and building connections (MP, 2021).

Safer Schools Officers visit establishments providing education material to raise awareness of the impact of hate crime on victims and the community, simultaneously developing relationships (Mayor of London, 2017).

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5.     Improve understanding of hate crime

Improve knowledge on the cause and impact, collaborate with researchers and academics such as International Network for Hate studies to analyse data and patterns (International Network for Hate Studies (INHS), 2013).

The Strategic Policing requirement (SPR), Policing Vision and COP guidance reflect themes from the National Hate crime strategy. The SPR emphasises the need to maintain focus on neighbourhoods policing and close collaboration with partners. Maintaining visible presence to help the public feel confident in policing (Home Office, 2023). This is reiterated in the Policing Vision, that highlights the need for a tailored response to public protection based on communities and evidence base. Collaboration with forces, partners, and communities to reduce crime and pooling resources. Exploiting digital capability, making it easier for the public to communicate with police (NPCC, 2016).

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The International Network for Hate Studies

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The International Network for Hate Studies was set up in 2013. It is a cross-jurisdictional and interdisciplinary organisation that aims to facilitate the exchange of knowledge about the study of hate and hate crime. Run by academics and practitioners, it seeks to not only understand the root causes of hate and hate crime, but to understand ways in which it can be combated in society. Hate has no borders and, with the proliferation of online sources and resources, its study needs a multi-disciplinary and international focus as well as one which examines local and jurisdiction-specific causes and responses.

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About Us - The International Network for Hate Studies

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The International Network for Hate Studies was set up in 2013. It is a cross-jurisdictional and interdisciplinary organisation that aims to facilitate the exchange of knowledge about the study of hate and hate crime. Run by academics and practitioners, it seeks to not only understand the root causes of hate and hate crime, but to...

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MPS responds to increasing levels of hate crime and the need to improve victim support by working in partnership with partners including the Mayor’s Office for Policing and Crime (MOPAC) who has commissioned CATCH a group of charities who provide victim support (CATCH, 2024).

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What is CATCH?

How can we help?

CATCH is a group of charities working to end hate crime. We're here to give specialist advice and help to people targeted with violence, abuse or harassment because of their race, religion, disability, sexuality or gender identity.

CATCH is an advocacy service for people facing hate crime in London. It focuses on working with people in the highest levels of risk, impact and need. CATCH is a service for people over 18 years old.

​

If you experienced a hate crime elsewhere, you can still get in touch.

If you need advice, or just want to get something off your chest, you can talk to us. We can:

We'll never pressure you into taking any action you aren't comfortable with, and we won't share information about you without your permission.

What is hate crime?

Hate crime includes any violence or abuse that is motivated by prejudice against someone's actual or perceived :

race

religion

disability

sexual orientation and/or

transgender identity.

Hate crime can include verbal abuse , online abuse , harassment or violence from strangers , neighbours , or people you know well.

Who is in the CATCH Partnership?

Lesbian, gay, bisexual, and transgender hate crime

Race hate crime

​

Eastern European hate crime

Antisemitic hate crime

Anti-Muslim (Islamophobic) hate crime

Anti-Disability hate crime

Anti-Disability hate crime

​

Anti-Disability hate crime

Click on a logo to find out more:

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CATCH- Communities against Hate | Support | Advice | London

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The Community Alliance To Combat Hate (CATCH) is a group of community organisations supporting people who have experienced hate crime in London.

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Following MET Police 2017 strategy, MOPAC introduced a hate crime dashboard  monitoring hate crime offending across the London area. MOPAC have also funded grass root projects to improve community cohesion and National Hate Crime Awareness week (MOPAC, 2023).

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The Mayor, the Met police, and partner agencies are working hard to tackle hate crime in London.

Through the Mayor's Shared Endeavour Fund, we are supporting grassroots projects across London working to strengthen communities against hate, intolerance, and extremism.

MOPAC funding supports London's National Hate Crime Awareness Week events and the No2H8 Crime awards to raise awareness of the issue.

MOPAC has commissioned Protection Approaches. This involves working with staff and volunteers from community-based organisations to improve their ability to support community members who are targeted by hate crime.

The Greater London Authority is also working in partnership with the London Boroughs Faiths Network to deliver a new community resilience training course designed for faith communities. Click here to find out more and to register your interest.

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Find out how to report hate crime and how the Mayor is supporting victims of hate crime.

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Digital tech is being used to bring offenders to justice with the creation of the Online Hate crime hub specialising in investigating online hate (Mayor of London, 2017), that uses data analytics to try and identify offenders (Burgess, 2016).

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The UK's biggest police force is creating a new unit to investigate hate speech online.

Funded with £1,730,726 and comprising five officers from the Metropolitan Police, the unit will be responsible for the "filtering and identification" of hates crimes online, before informing regional police forces which will take action against crimes committed online.

The officers working for the unit will be working under the guise of the "Online Hate Crime Hub" as part of a two year project - part funded (£452,756) from the Home Office. The role will also see them "provide additional intelligence gathering opportunities" and using "new data analytics" to try and identify those committing crimes.

Approval for the hub was granted by the London Mayor's office at the end of July. The hub has been dubbed a "thought police" by its critics.

"Online bullying is an increasingly serious problem but police should not be proactively seeking cases like these and turning themselves into chatroom moderators," Liberal Democrat leader Tim Farron said. "With such measures, even if well intentioned, there is a real danger of undermining our very precious freedom of speech."

In part, the unit has been created to help the police deal with an increasing amount of online crime - something officials recognise failings in.

"The police response to online hate crime is inconsistent, primarily because police officers are not equipped to tackle it," the scheme's sign-off documents state. "The purpose of this programme is to strengthen the police and community response to this growing crime type."

A spokesperson for the police force said it will "tackle all types of hate crime including offences committed online". It will also be responsible for working with volunteers and building relationships with social networks.

Hate speech and crimes have been an increasing concern for social networks and in recent months. In June, Facebook, Twitter, and YouTube all promised to clamp down on hate speech on their networks.

In signing up to a European Commission code of conduct, the companies agreed to remove hate speech from their networks within 24-hours of it being posted. In December Twitter changed its own internal rules to explicitly ban "hateful conduct" for the first time.

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Met Police's £1.7m hate crime unit to tackle social media

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The Online Hate Crime Hub will be involved in the "filtering and identification" of crimes on social networks

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Following the Palestine protests the MET deployed, to work with different ethnic groups to prevent hate crime offences using technology to track suspects and  retrospective facial recognition cameras to identify them (MET, 2023).

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More than 1,500 officers will be on duty this weekend, including 500 from outside London, as the Met prepares for another weekend of protest.
Deputy Assistant Commissioner Ade Adelekan, who will lead the policing operation this weekend, said: "The conflict in the Middle East is continuing and here in London we are still seeing the cumulative impact of continued protest, increasing tensions, and rising hate crime.

"That fear and anxiety is particularly felt by our Jewish and Muslim communities.

"We know a lot more about the cumulative impact of these protests than we did seven weeks ago and that is reflected in our approach.

"The Met supports the right for people to make their voices heard through protest providing it is done lawfully. However, the law also protects people from racist and religious abuse and prohibits the promotion of terrorism.

"While the majority of protesters have complied with these rules, a minority have crossed the line.

"We've been working positively with organisers, including the Palestine Solidarity Campaign (PSC), to ensure everyone taking part in protests clearly understands our expectations.

"We are very pleased that the PSC have brought in extra stewards and that they've agreed to be clear in their communications about how supporters must behave.

"The public will see further communication from us this weekend both online and in the form of leaflets, which our officers will share with protesters along the march route.

"As you would expect, this sets out that anyone who is racist or incites hatred against any group should expect to be arrested. As should anyone who supports Hamas or any other banned organisation.

"We will not tolerate anyone who celebrates or promote acts of terrorism - such as the killing or kidnap of innocent people - or who spreads hate speech.

"I hope that those planning to attend protests this weekend will reflect on this and that the vast majority of those who are law abiding will help us by holding their fellow protestors to account.

"If they see behaviour that has crossed the line into criminality we ask them to challenge it and to report it immediately to one of the many officers present. In a huge march, officers cannot see everything that is going on, but others do, and if they report it we will act quickly."
Policing approach:
The public will see robust intervention from our officers in the event of any criminal activity this weekend.

There will be trained spotters at specific points of the march looking out for criminal activity, including hate placards and clothing, and identifying those responsible.

We also have officers who have been briefed on chants, including those which cross the line of the law.

Across the weekend, we will also be using technology to identify and track offenders within large groups of people and deploying intervention teams where we need to extract suspects.

We have been clear that policing a protest is complex and our work doesn't simply stop when the event finishes. Our specialist teams continue to gather and review evidence to identify criminal behaviour and to locate those responsible.

In recent weeks the public have helped us to identify many of those suspected of committing crimes. A woman was recently identified with help from the public and interviewed under caution for a placard with the Star of David and a swastika.

We've also seen people identify themselves after the strength of our social media appeals. Two women who were videoed chanting antisemitic chants identified themselves after one of our appeals had 5.4 million views.

Officers are also looking for opportunities to use retrospective facial recognition which enables us to compare an image caught on CCTV, or other footage, against a vast database of custody images.

It can be used after an event or incident as part of a criminal investigation and speeds up the identification, and elimination, of suspects.

On past weekends, our main challenge has been the dispersal of protestors at the end of the march. Whilst the vast majority of the marchers have dispersed quickly and peacefully, we have consistently seen small breakaway groups heading into the West End. These groups can see serious disruption, setting off fireworks causing fear and intimidation.

In particular, we are keen that the message gets out about the importance of dispersing at the end of the march and not creating breakaway groups like we have seen in recent weeks. These groups can cause serious disruption, fear and intimidation in communities and amongst people going out their normal business in the West End. Officers will be proactive and decisive in responding to groups who are acting in this way.

It's our clear intention to ensure nobody is intimidated or left in fear for their safety by a roaming group.

We will intervene very early, using all the legal powers at our disposal, to make sure people feel safe and are safe.
Palestine Solidarity Campaign demonstration
On Saturday, the Palestine Solidarity Campaign will hold a march from Park Lane to Whitehall.

The following conditions have been imposed under Section 12 of the Public Order Act:

The procession must not commence until 12:30hrs and participants must not assemble at Park Lane before this time.

Any person participating in the procession must not deviate from the route specific on the map below.

The PSC organised assembly must end no later than 17:00hrs.

Any participant in the PSC organised assembly must not enter the area in red in the map below (this is the area around the Israeli Embassy).

Hizb-ut-Tahrir demonstration

The following conditions have been imposed under Section 14 of the Public Order Act:

On Saturday afternoon, there will be a static protest at the Egyptian Embassy in South Street, W1K organised by Hizb-ut-Tahrir.

This is the first time Hizb-ut-Tahrir have held a protest since 21 October, when there was considerable debate about the use of the word 'jihad'.

Nobody can fail to have seen the public reaction and the strength of feeling in the Jewish community in particular.

It is a word that clearly causes upset and concern, but it's always contextual.

The assembly must not commence until 13:00hrs and participants must remain in the area shaded red on the map below.

The assembly must end by 15:30hrs.

March Against Antisemitism

If we think people are chanting this to incite violence, terrorism or antisemitism - we will act decisively and quickly.

The following conditions have been imposed under Section 14 of the Public Order Act:

On Sunday, there will be a March Against Antisemitism, organised by the Campaign Against Antisemitism.

The march will begin at 13:30hrs outside the Royal Courts of Justice on the Strand.

Discussions have taken place with organisers and there is a detailed policing plan in place ahead of the event.

Officers will be on hand for the safety of those taking part and to ensure that any offences, whether from within the protest or from any groups trying to challenge or interfere with the march, can be swiftly dealt with.

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Met releases details of policing operation ahead of further protests

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The Met supports the right for people to make their voices heard through protest providing it is done lawfully. However, the law also protects people from...

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In order to prevent hate crime Mayor of London works with faith groups to provide resilience training course that aim to protect places of worship (Greater London Authority, 2023).

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The Greater London Authority is working in partnership with the London Boroughs Faiths Networkto deliver a new community resilience training course designed for faith communities.

On this course you will have access to the latest information, up-to-date advice and guidance on keeping places of worship and local communities safe, secure, and prepared for emergencies.

The course is free of charge and will include sessions led by experts from the emergency services, local authorities, and voluntary sector organisations.

The first two courses have been confirmed for a west London cohort in Kensington and Chelsea and an east London cohort in Tower Hamlets. See the information below for details on the dates and times.

This training is part of the wider work of the London Resilience Forum, chaired by the Deputy Mayor of London, Baroness Fiona Twycross.

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Community Resilience for Faith Communities

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Faith Communities Resilience Training Course 2023/2024