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<p>Once a hate crime has been reported it is for the police to investigate whether
a hate crime has been committed, in line with the relevant legislation, and to refer
cases to the Crown Prosecution Service to decide whether there should be a charge.</p><p>In
order for a crime to be charged and prosecuted as a hate crime, the Crown Prosecution
Service (CPS) uses the legal definitions contained in the Crime and Disorder Act 1998
(CDA 1998) and the Criminal Justice Act 2003 (CJA 2003).</p><p>The CPS assesses each
case on its individual facts and circumstances. Prosecutions can only be brought in
line with legislation and in accordance with the Code for Crown Prosecutors.</p><p>The
CPS legal guidance on hate crime recognises the right to freedom of expression set
out in Article 10 of the European Convention on Human Rights. The legal guidance makes
it clear that it is not only speech which is well-received and popular that is protected
but also speech which is potentially offensive, shocking or disturbing. The CPS seeks
to balance the right to freedom of speech and expression against the duty of the state
to act proportionately.</p>
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