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1012534

	registered interest
	date	22/11/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	question text	To ask Her Majesty's Government, further to the reply by Baroness Vere of Norbiton on 6 December 2017 (HL Deb, col 1051), whether Baroness Vere of Norbiton wrote to the Director of Public Prosecutions to ask whether she agrees that the definition of hate crime is broader than what is in statute and on what authority any broadening was based; and if so, what reply she received.
	tabling member printed	Lord Pearson of Rannoch
	uin	HL11726
	answer	answer is ministerial correction date of answer 04/12/2018 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> </p><p>In her response, the then 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> </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> </p><p>The recommendations of the Macpherson report were 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> </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> </p><p>In her letter, the then 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> answering member printed Lord Keen of Elie question first answered 04/12/2018 13:13:56 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3153 label Biography information for Lord Pearson of Rannoch

819375

	registered interest
	date	09/01/2018
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Vinson
	uin	HL4576
	answer	answer is ministerial correction date of answer 16/01/2018 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> answering member printed Lord Keen of Elie question first answered 16/01/2018 16:55:41 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	1807 label Biography information for Lord Vinson

810453

	registered interest
	date	21/12/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Pearson of Rannoch
	uin	HL4421
	answer	answer is ministerial correction date of answer 09/01/2018 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> answering member printed Lord Keen of Elie question first answered 09/01/2018 17:10:42 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3153 label Biography information for Lord Pearson of Rannoch

810452

	registered interest
	date	21/12/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Pearson of Rannoch
	uin	HL4420
	answer	answer is ministerial correction date of answer 09/01/2018 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> answering member printed Lord Keen of Elie question first answered 09/01/2018 17:09:20 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	3153 label Biography information for Lord Pearson of Rannoch

782453

	registered interest
	date	02/11/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Vinson
	uin	HL2876
	answer	answer is ministerial correction date of answer 16/11/2017 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> answering member printed Baroness Vere of Norbiton question first answered 16/11/2017 16:44:23 question first ministerially corrected 20/11/2017 11:19:23 answering member 4580 label Biography information for Baroness Vere of Norbiton previous answer version 22806 answering member printed Lord Keen of Elie answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	1807 label Biography information for Lord Vinson

773042

	registered interest
	date	18/10/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Vinson
	uin	HL2243
	answer	answer is ministerial correction date of answer 01/11/2017 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> answering member printed Lord Keen of Elie question first answered 01/11/2017 16:07:00 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	1807 label Biography information for Lord Vinson

758412

	registered interest
	date	06/09/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	2
	legislature	25277 pref label House of Lords
	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.
	tabling member printed	Lord Vinson
	uin	HL1416
	answer	answer is ministerial correction date of answer 20/09/2017 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> answering member printed Lord Keen of Elie question first answered 20/09/2017 15:11:38 answering member 4538 label Biography information for Lord Keen of Elie
	tabling member	1807 label Biography information for Lord Vinson

1663636

	registered interest
	date	13/10/2023
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what steps she is taking to ensure that the Crown Prosecution Service is adequately resourced to prosecute hate crime against members of religious minority communities (a) on social media and (b) in community settings.
	tabling member constituency	Bolton North East
	tabling member printed	Mark Logan
	uin	201490
	answer	answer is ministerial correction date of answer 23/10/2023 answer text <p>The Government is committed to delivering justice for victims of hate crimes committed in our communities and online, and the Crown Prosecution Service (CPS) considers all cases referred by the police.</p><p>Considering the events unfolding in the Middle East, a package of measures has been put in place to provide ongoing support to the police. This includes updating existing guidance on protests and offering the use of prosecutors in command centres to advise in real time.</p><p>In the rolling year to March 2023, the CPS has prosecuted 380 religiously aggravated and 9,1234 racially aggravated hate crime offences, with a charge rate of 85% and 87% respectively. These include aggravated malicious communication offences.</p> answering member constituency Banbury answering member printed Victoria Prentis question first answered 23/10/2023 16:32:19 answering member 4401 label Biography information for Victoria Prentis
	tabling member	4815 label Biography information for Mark Logan

1470248

	registered interest
	date	14/06/2022
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what steps she is taking to ensure that the Crown Prosecution Service is adequately resourced to prosecute hate crime against members of religious minority communities.
	tabling member constituency	Wolverhampton South West
	tabling member printed	Stuart Anderson
	uin	18052
	answer	answer is ministerial correction date of answer 20/06/2022 answer text <p>The Crown Prosecution Service (CPS) recognises the serious impact hate crimes have on peoples’ lives and will always seek to prosecute where there is sufficient evidence to do so, regardless of the offence, or how it is committed. In 2021/22, the proportion of successful outcomes in religiously aggravated hate crime with an announced and recorded sentence uplift was 79.8%.</p><p> </p><p>Each CPS Area has a Deputy Chief Crown Prosecutor as a strategic hate crime lead and a network of dedicated Hate Crime Coordinators operates across all 14 CPS Areas, providing their expertise on matters relating to hate crime and acting as a local point of contact for all external partner agencies.</p><p> </p><p>In addition, the CPS has created a hate crime External Consultation Group, which is responsible for providing a community perspective on CPS activity, providing an important check and balance in respect of CPS casework quality, and includes representatives from Tell MAMA and the Community Security Trust (CST).</p><p> </p><p>The CPS also sits on the cross-government working groups on anti-Muslim Hatred and on Antisemitism.</p> answering member constituency Cheltenham answering member printed Alex Chalk question first answered 20/06/2022 08:24:35 answering member 4481 label Biography information for Alex Chalk
	tabling member	4742 label Biography information for Stuart Anderson

710897

	registered interest
	date	14/03/2017
	answering body	Attorney General
	answering dept id	88
	answering dept short name	Attorney General
	answering dept sort name	Attorney General
	hansard heading	Hate Crime: Prosecutions
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Attorney General, what recent progress has been made in increasing the prosecution rate for disability hate crime offences.
	tabling member constituency	North Swindon
	tabling member printed	Justin Tomlinson
	uin	67906
	answer	answer is ministerial correction date of answer 20/03/2017 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> answering member constituency Kenilworth and Southam answering member printed Jeremy Wright question first answered 20/03/2017 11:36:07 answering member 1560 label Biography information for Sir Jeremy Wright
	tabling member	4105 label Biography information for Justin Tomlinson