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<p>The law responds to hate crime in four ways by:</p><ul><li>providing for additional
“aggravated” offences with longer sentences in the Crime and Disorder Act 1998 if
an offender demonstrated hostility or was motivated by hostility based on race or
religion.</li><li>prohibiting conduct that is likely to stir up hatred on grounds
of race, or intended to do so on grounds of religion or sexual orientation in the
Public Order Act 1986.</li><li>providing for enhanced sentencing under sections 145
and 146 of the Criminal Justice Act 2003 if hostility is motivated by any of the five
protected characteristics: disability, transgender status, race, religion or sexual
orientation; and</li><li>providing Sentencing guidelines. Section 125(1) of the Coroners
and Justice Act 2009 requires that a sentencing judge must follow any sentencing guideline
which is relevant to their case. This includes, for example, consideration of whether
the offence was motivated by racial or religious hostility, or if it was motivated
by or demonstrated hostility towards the victim based on one or more of several of
the victim’s characteristics: age, sex, gender identity (or presumed gender identity),
disability (or presumed disability) or sexual orientation.</li></ul><p>The Government
have invited the Law Commission to review the law relating to hate crime and to make
recommendations to the Government for its reform. The review began in March 2019.</p><p>
</p><p>Specifically, the Law Commission have been asked to consider the current range
of offences and aggravating factors in sentencing, and to make recommendations on
the most appropriate models to ensure that the criminal law provides consistent and
effective protection from conduct motivated by hatred towards protected groups or
characteristics. The review will also take account of the existing range of protected
characteristics, identifying any gaps in the scope of protection currently offered
under the law and making recommendations to promote a consistent approach.</p><p>
</p><p>The Law Commission plan to issue a consultation on this matter in early 2020.
Further information on the review can be found on the Law Commission webpage at: <a
href="https://www.lawcom.gov.uk/project/hate-crime/" target="_blank">https://www.lawcom.gov.uk/project/hate-crime/</a></p>
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