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782453
unstar this property registered interest false more like this
star this property date less than 2017-11-02more like thismore than 2017-11-02
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
unstar this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government under what authority the Crown Prosecution Service (CPS) has agreed a definition of racially and religiously aggravated crime that is wider than the legal definition under the Crime and Disorder Act 1998 and Criminal Justice Act 2003, as indicated in the CPS Public statement on prosecuting racist and religious hate crime published in August. more like this
star this property tabling member printed
Lord Vinson more like this
star this property uin HL2876 more like this
star this property answer
answer
unstar this property is ministerial correction true more like this
star this property date of answer less than 2017-11-16more like thismore than 2017-11-16
star this property answer text <p>In order to charge and prosecute hate crimes, the CPS uses the legal definition provided by the Crime and Disorder Act 1998 and Criminal Justice Act 2003. The shared police and CPS definition of hate crime is based on the perception of the victim or any other person and allows for case flagging and monitoring as well as appropriate victim support, it does not affect the charge.</p><p>This flagging definition comes from the recommended definition in the Macpherson report which was published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson Report found a lack of confidence within communities that hate crime was being treated seriously by the police and Criminal Justice System and recommended that the definition of a racist incident should be, ‘any incident which is perceived to be racist by the victim or any other person’. Putting the victim’s perception at the heart of the definition gives a clear signal that, once flagged as a hate crime, an appropriate investigation will follow and evidence to support the law on hostility will be proactively sought. The definition seeks to encourage victims to report and to increase confidence in the Criminal Justice System.</p>
star this property answering member printed Baroness Vere of Norbiton more like this
star this property question first answered
less than 2017-11-16T16:44:23.703Zmore like thismore than 2017-11-16T16:44:23.703Z
star this property question first ministerially corrected
less than 2017-11-20T11:19:23.603Zmore like thismore than 2017-11-20T11:19:23.603Z
star this property answering member
4580
unstar this property label Biography information for Baroness Vere of Norbiton more like this
star this property previous answer version
22806
star this property answering member printed Lord Keen of Elie more like this
star this property answering member
4538
star this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
1807
star this property label Biography information for Lord Vinson more like this
773042
unstar this property registered interest false more like this
star this property date less than 2017-10-18more like thismore than 2017-10-18
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
unstar this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government what assessment they have made of the impact on freedom of speech of the definitions used by the Crown Prosecution Service to identify racist or religious incidents and crimes and to monitor the decisions and outcomes, as detailed in their Racist and Religious Hate Crime Prosecution Guidance. more like this
star this property tabling member printed
Lord Vinson more like this
star this property uin HL2243 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2017-11-01more like thismore than 2017-11-01
star this property answer text <p>The CPS legal guidance on prosecuting racist and religious hate crime recognises the potential impact of prosecutions on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The guidance recognises that not only is speech which is well-received and popular protected, but also speech which is offensive, shocking or disturbing. It is essential in a free, democratic and tolerant society that people are able to exchange views, even when offence may be caused. However, when making prosecution decisions the CPS must 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.</p><p>The Crown Prosecution Service (CPS) has agreed a shared definition of hate crime with the police in order to ensure that all relevant cases are captured as early possible. This definition is based upon the perception of the victim or any other person and is wider than the legal definition. However, in order for the CPS to bring a successful hate crime prosecution the CPS must present sufficient evidence to prove that the offence meets the definition of the crime set out in the relevant legislation.</p>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2017-11-01T16:07:00.19Zmore like thismore than 2017-11-01T16:07:00.19Z
star this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
1807
star this property label Biography information for Lord Vinson more like this
758412
unstar this property registered interest false more like this
star this property date less than 2017-09-06more like thismore than 2017-09-06
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
unstar this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government whether they have issued any guidance to the Crown Prosecution Service concerning the extent to which insults constitute hate crimes. more like this
star this property tabling member printed
Lord Vinson more like this
star this property uin HL1416 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2017-09-20more like thismore than 2017-09-20
star this property answer text <p>In order for an offence to constitute a “hate crime”, first a “basic” crime has to be committed. There are a number of such possible offences which can be committed by way of an insult, particularly offences under the Public Order Act 1986, the Malicious Communications Act 1988 and the Communications Act 2003.</p><p>Such offences could be designated as a “hate crime”, if they meet the required criteria for the three strands of hate crime offences – (a) racially and religiously aggravated offences; (b) homophobic, transphobic and biphobic offences and (c) disability hate crime.</p><p>The Government does not issue legal guidance to the Crown Prosecution Service (CPS), which is independent. The CPS hate crime guidance, which must be followed by all prosecutors, was reviewed and published in June 2017.</p><p> </p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2017-09-20T15:11:38.937Zmore like thismore than 2017-09-20T15:11:38.937Z
star this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
1807
star this property label Biography information for Lord Vinson more like this
810452
unstar this property registered interest false more like this
star this property date less than 2017-12-21more like thismore than 2017-12-21
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
unstar this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government, further to the answer by Baroness Vere of Norbiton on 6 December (HL Deb, col 1050), whether the definition of hate crime adopted by the Crown Prosecution Service to facilitate the reporting of incidents is wider than the legal definition of such crime under the Crime and Disorder Act 1998 and the Criminal Justice Act 2003; if so, how; and upon what authority it was issued. more like this
star this property tabling member printed
Lord Pearson of Rannoch more like this
star this property uin HL4420 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-01-09more like thismore than 2018-01-09
star this property answer text <p>The flagging definition for hate crime was agreed between the CPS and the NPCC (ACPO as it was then) in 2007. It is wider than the definition set out in legislation to ensure that all relevant cases are captured.</p><p>The flagging definition comes from the recommended definition in the Macpherson report published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson report recommended that ‘this definition should be universally adopted by the Police, local Government and other relevant agencies’.</p><p>This recommendation in the Macpherson report was welcomed by the Government at the time and the current Government remains in support of this position. The CPS has worked with police to implement the recommended definition across all strands of hate crime. The CPS takes tackling hate crime seriously and recognises the need to increase public confidence to report. The flagging definition is important in achieving this aim.</p><p>In order for a crime to be charged and prosecuted as a hate crime, the CPS uses the legal definitions contained in the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Justice Act 2003 (CJA 2003). This means that not every incident that the victim or another person has perceived to be a hate crime will actually be a hate crime in law.</p><p>The CPS legal guidance recognises the potential impact of prosecutions on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The CPS must balance the rights of an individual to freedom of speech against the duty of the state to act proportionately and to protect the rights of others.</p><p> </p>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-01-09T17:09:20.383Zmore like thismore than 2018-01-09T17:09:20.383Z
star this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
3153
star this property label Biography information for Lord Pearson of Rannoch more like this
810453
unstar this property registered interest false more like this
star this property date less than 2017-12-21more like thismore than 2017-12-21
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
unstar this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government, further to the remarks by Baroness Vere of Norbiton on 6 December (HL Deb, col 1051), whether the Baroness Vere of Norbiton has written to the Director of Public Prosecutions as indicated; and if so, what response has been received. more like this
star this property tabling member printed
Lord Pearson of Rannoch more like this
star this property uin HL4421 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-01-09more like thismore than 2018-01-09
star this property answer text <p>Baroness Vere of Norbiton wrote to the Director of Public Prosecutions (DPP) on 13 December 2017. The DPP provided her response on 9 January 2018.</p><p>In her response, the DPP confirmed that the flagging definition for hate crime was agreed between the CPS and the NPCC (ACPO as it was then) in 2007 and that it is wider than the definition set out in legislation to ensure all relevant cases are captured.</p><p>The CPS adopted the recommended definition in the Macpherson report published in 1999 as a result of the inquiry into the murder of Stephen Lawrence. The Macpherson report also recommended that ‘this definition should be universally adopted by the Police, local Government and other relevant agencies’.</p><p>This recommendation in the Macpherson report was welcomed by the Government at the time and the current Government remains in support of this position. The CPS has worked with police to implement the recommended definition across all strands of hate crime. The CPS takes tackling hate crime seriously and recognises the need to increase public confidence to report. The flagging definition is important in achieving this aim.</p><p>In order for a crime to be charged and prosecuted as a hate crime, the CPS uses the legal definitions contained in the Crime and Disorder Act 1998 (CDA 1998) and the Criminal Justice Act 2003 (CJA 2003). This means that not every incident that the victim or another person has perceived to be a hate crime will actually be a hate crime in law.</p><p>In her letter, the DPP also confirmed that the CPS legal guidance recognises the potential impact of prosecutions on Article 10 of the European Convention on Human Rights (the right to freedom of expression). The CPS must balance the rights of an individual to freedom of speech against the duty of the state to act proportionately and to protect the rights of others.</p><p><strong> </strong></p>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-01-09T17:10:42.713Zmore like thismore than 2018-01-09T17:10:42.713Z
star this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
3153
star this property label Biography information for Lord Pearson of Rannoch more like this
819375
unstar this property registered interest false more like this
star this property date less than 2018-01-09more like thismore than 2018-01-09
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
unstar this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions remove filter
star this property house id 2 more like this
star this property legislature
25277
star this property pref label House of Lords more like this
star this property question text To ask Her Majesty's Government, further to the remarks by Baroness Vere of Norbiton on 6 December 2017 that she would write to the Director of Public Prosecutions (HL Deb, col 1051), whether she has done so; and if so, what was the response. more like this
star this property tabling member printed
Lord Vinson more like this
star this property uin HL4576 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2018-01-16more like thismore than 2018-01-16
star this property answer text <p>I would refer his Lordship to the answer to HL4421 from Lord Pearson, which was tabled on 21 December 2017, a copy of which has been made available in the Library of the House.</p> more like this
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2018-01-16T16:55:41.74Zmore like thismore than 2018-01-16T16:55:41.74Z
star this property answering member
4538
unstar this property label Biography information for Lord Keen of Elie more like this
star this property tabling member
1807
star this property label Biography information for Lord Vinson more like this
710897
unstar this property registered interest false more like this
star this property date less than 2017-03-14more like thismore than 2017-03-14
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
unstar this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, what recent progress has been made in increasing the prosecution rate for disability hate crime offences. more like this
star this property tabling member constituency North Swindon more like this
star this property tabling member printed
Justin Tomlinson more like this
star this property uin 67906 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2017-03-20more like thismore than 2017-03-20
star this property answer text <p>The Crown Prosecution Service (CPS) is committed to tackling disability hate crime and is prosecuting, and convicting, more defendants for disability hate crimes than ever before. In 2015/16, the CPS completed 941 disability hate crime prosecutions, an increase from 666 the previous year and the conviction rate has remained steady at 75%.</p><p>The CPS delivered mandatory face to face disability hate crime training between September 2015 and January 2016 to support prosecutors to more effectively deal with disability hate crime cases.</p> more like this
star this property answering member constituency Kenilworth and Southam more like this
star this property answering member printed Jeremy Wright more like this
star this property question first answered
less than 2017-03-20T11:36:07.707Zmore like thismore than 2017-03-20T11:36:07.707Z
star this property answering member
1560
unstar this property label Biography information for Jeremy Wright more like this
star this property tabling member
4105
star this property label Biography information for Justin Tomlinson more like this
752507
unstar this property registered interest false more like this
star this property date less than 2017-07-17more like thismore than 2017-07-17
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
unstar this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, what recent progress has been made in increasing the prosecution rate for hate crimes. more like this
star this property tabling member constituency East Ham more like this
star this property tabling member printed
Stephen Timms more like this
star this property uin 5417 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2017-07-20more like thismore than 2017-07-20
star this property answer text <p>The Crown Prosecution Service (CPS) has taken a number of steps to improve its prosecution of all strands of hate crime.</p><p>The CPS is prosecuting and convicting more defendants of hate crime than ever before. In 2015/16, the CPS completed 15,442 hate crime prosecutions, an increase of 704 on the previous year. The conviction rate also improved to 83.2% in 2015/16 an increase from 82.9% the previous year.</p><p>The CPS Annual Report and Accounts 2016/17 shows that the proportion of cases where the CPS was successful in achieving uplifted sentences for hate crime perpetrators has increased dramatically. The proportion rose from 33.8% in 2015/16, to 52.2% in 2016/17 – reaching 58.2% in the final quarter.</p><p>The CPS has delivered mandatory face to face disability hate crime training and racially and religiously aggravated hate crime training and is in the process of developing homophobic, biphobic and transphobic hate crime training to support prosecutors to more effectively deal with hate crime cases.</p><p><strong> </strong></p>
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2017-07-20T14:45:51.773Zmore like thismore than 2017-07-20T14:45:51.773Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property tabling member
163
star this property label Biography information for Stephen Timms more like this
622315
unstar this property registered interest false more like this
star this property date less than 2016-10-24more like thismore than 2016-10-24
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
unstar this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, what recent steps the Crown Prosecution Service has taken to set out its approach to prosecuting hate crime. more like this
star this property tabling member constituency Sheffield Central more like this
star this property tabling member printed
Paul Blomfield more like this
star this property uin 906832 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2016-10-27more like thismore than 2016-10-27
star this property answer text <p>We are committed to tackling hate crime in any form. The cross Government Hate Crime Action Plan, published in July 2016, focuses on reducing hate crime, increasing reporting and ensuring that all criminal justice partners and key stakeholders deliver the appropriate outcomes for victims.</p> more like this
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2016-10-27T16:24:30.87Zmore like thismore than 2016-10-27T16:24:30.87Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property tabling member
4058
star this property label Biography information for Paul Blomfield more like this
622314
unstar this property registered interest false more like this
star this property date less than 2016-10-24more like thismore than 2016-10-24
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
star this property answering dept short name Attorney General more like this
unstar this property answering dept sort name Attorney General more like this
star this property hansard heading Hate Crime: Prosecutions remove filter
star this property house id 1 more like this
star this property legislature
25259
star this property pref label House of Commons more like this
star this property question text To ask the Attorney General, what steps the Government is taking to increase the number of prosecutions for hate crime. more like this
star this property tabling member constituency Yeovil more like this
star this property tabling member printed
Marcus Fysh more like this
star this property uin 906831 more like this
star this property answer
answer
unstar this property is ministerial correction false more like this
star this property date of answer less than 2016-10-27more like thismore than 2016-10-27
star this property answer text <p>We are committed to tackling hate crime in any form. The cross Government Hate Crime Action Plan, published in July 2016, focuses on reducing hate crime, increasing reporting and ensuring that all criminal justice partners and key stakeholders deliver the appropriate outcomes for victims.</p> more like this
star this property answering member constituency South Swindon more like this
star this property answering member printed Robert Buckland more like this
star this property question first answered
less than 2016-10-27T16:25:32.12Zmore like thismore than 2016-10-27T16:25:32.12Z
star this property answering member
4106
unstar this property label Biography information for Robert Buckland more like this
star this property tabling member
4446
star this property label Biography information for Mr Marcus Fysh more like this