‘A Practical Guide to the Law in Relation to Hate Crime’ by Ramya Nagesh

Description

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

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

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

ABOUT THE AUTHOR

Ramya Nagesh is a barrister at No 5 Chambers who specialises primarily in criminal law. She has a particular interest in cases involving a hate crime element: as well as appearing in those cases for both the Prosecution and the Defence, she also sits as the independent legal representative on the West Midlands Hate Crime Panel. Ramya has authored articles about hate crime for the legal publications “Criminal Law and Justice Weekly” and “Counsel”.

Ramya has always been interested in how the law can be used to help those placed in vulnerable positions; it was this that drew her to criminal law in the first place, and has drawn her to her particular focus on hate crime.

Over the years, then, Ramya has built a wealth of expertise in criminal matters, for both the Prosecution and the Defence, representing both individuals and corporations. The vast majority of her work is in the Crown Court, where her practice is in all areas of general crime, but she also appears in the Court of Appeal. She advises a variety of clients on a range of matters, including international human rights law, appeals to the Court of Appeal (including in Imprisonment for Public Protection cases) and appeals to the Criminal Cases Review Commission.

As well as her daily work in Court, Ramya has worked on larger Inquests and Inquiries. For example, she was one of a team representing an interested party to the Hillsborough Inquest in 2014. She was also instructed in a similar role for a party to the Independent Jersey Care Inquiry that year, which examined allegations of decades of physical and sexual abuse of children in the Jersey care system.

In addition, Ramya did not come straight to the criminal Bar after completing her law degree; she first worked for several years in human rights and international criminal law. She worked at the International Criminal Court in The Hague, the International Criminal Law Network in The Hague, the Kurdish Human Rights Project in London and SICHREM (a grassroots human rights charity) in India. She augmented this interest when she gained a Masters in Human Rights from the London School of Economics in 2011.

CONTENTS

Chapter One – A History of Hate and the Law
Race and Religion
Sexual Orientation and Gender Identity
Disability Rights

Chapter Two – An Overview of the Law
Specific Statutory Offences
The Crime and Disorder Act 1998
Public Order Act 1986
Football Offences Act 1991
The Ecclesiastical Courts Jurisdiction Act 1860
Offences Against the Person Act 1861
Sentencing Uplift
Section 145 of the Criminal Justice Act 2003
Section 146 of the Criminal Justice Act 2003
Sentencing Hate Crimes: the Staged Approach

Chapter Three – Key Concepts in the Law of Hate Crime
Hostility
Demonstrating Hostility
What Constitutes a Demonstration?
Demonstration Versus Motivation
The Immediacy Requirement
Relevance of the Victim’s Perception
Group Offending and the Demonstration of Hostility
Motivated by Hostility
Motivated Wholly or in Part
Evidence That May Prove Motivation
Targeted Versus Motivated By
Protected Groups
What Constitutes a Racial or Religious Group?
What Constitutes Disability?
What Constitutes Sexual Orientation?
What Constitutes Transgender Identity?

Chapter Four – The Statutory Offences
The Crime and Disorder Act 1998
Section 28 of the Crime and Disorder Act 1998
Section 29 of the Crime and Disorder Act 1998
Section 30 of the Crime and Disorder Act 1998
Section 31 of the Crime and Disorder Act 1998
Section 32 of the Crime and Disorder Act 1998
The Public Order Act 1986
Offences by a Corporation
Mode of Trial of the Offences Under the 1986 Act
Statutory Sentencing Provisions
Sections 17, 29A and 29AB of the Public Order Act 1986
Sections 18 and 29B of the Public Order Act 1986
Sections 19 and 29C of the Public Order Act 1986
Sections 20 and 29D of the Public Order Act 1986
Sections 21 and 29E of the Public Order Act 1986
Sections 22 and 29F of the Public Order Act 1986
Sections 23 and 29G of the Public Order Act 1986
The Football Offences Act 1991
Offences Against Ministers and Places of Worship
Section 2 of the Ecclesiastical Courts Jurisdiction Act 1860
Section 36 of the Offences Against the Person Act 1861

Chapter Five – The Sentencing Uplift Provisions
Section 145 of the Criminal Justice Act 2003
Application of Section 145 of the Criminal Justice Act 2003
Section 146 of the Criminal Justice Act 2003
Application of Section 146 of the Criminal Justice Act 2003

Chapter Six – The Practitioner’s Toolkit
Pre-Charge Stage
Advising at the Police Station
Pre-Charge Advice
First Appearance, Plea and Trial Preparation and Pre-Trial Review Hearings
Special Measures
Hearsay and Bad Character
Trial
Sentencing

Conclusion –The Future of Hate Crime