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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

752507

registered interest
date	17/07/2017
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 hate crimes.
tabling member constituency	East Ham
tabling member printed	Stephen Timms
uin	5417
answer	answer is ministerial correction date of answer 20/07/2017 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> answering member constituency South Swindon answering member printed Robert Buckland question first answered 20/07/2017 14:45:51 answering member 4106 label Biography information for Sir Robert Buckland
tabling member	163 label Biography information for Sir Stephen Timms

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

622314

registered interest
date	24/10/2016
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 the Government is taking to increase the number of prosecutions for hate crime.
tabling member constituency	Yeovil
tabling member printed	Marcus Fysh
uin	906831
answer	answer is ministerial correction date of answer 27/10/2016 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> answering member constituency South Swindon answering member printed Robert Buckland question first answered 27/10/2016 16:25:32 answering member 4106 label Biography information for Sir Robert Buckland
tabling member	4446 label Biography information for Mr Marcus Fysh

622315

registered interest
date	24/10/2016
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 steps the Crown Prosecution Service has taken to set out its approach to prosecuting hate crime.
tabling member constituency	Sheffield Central
tabling member printed	Paul Blomfield
uin	906832
answer	answer is ministerial correction date of answer 27/10/2016 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> answering member constituency South Swindon answering member printed Robert Buckland question first answered 27/10/2016 16:24:30 answering member 4106 label Biography information for Sir Robert Buckland
tabling member	4058 label Biography information for Paul Blomfield

533883

registered interest
date	08/07/2016
answering body	Ministry of Justice
answering dept id	54
answering dept short name	Justice
answering dept sort name	Justice
hansard heading	Hate Crime: Prosecutions
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Justice, under what legislation prosecutions are brought against perpetrators of hate crime and racist abuse.
tabling member constituency	Gedling
tabling member printed	Vernon Coaker
uin	42267
answer	answer is ministerial correction date of answer 15/07/2016 answer text <p>Hate crimes are criminal behaviour and may be prosecuted in England and Wales using the full range of criminal offences. Sections 29 to 32 of the Crime and Disorder Act 1998 set out racially and religiously aggravated offences covering wounding, assault, damage, harassment (including stalking) and threatening/abusive behaviour which carry higher sentences than equivalent non-aggravated offences. Sections 18 to 23 of the Public Order Act 1986 contain offences of stirring up racial hatred and sections 29B to 29G contain offences of stirring up hatred on grounds of religion or sexual orientation. There is also an offence of racialist chanting at football matches in section 3 of the Football Offences Act 1991.</p><p> </p><p>Sections 145 and 146 of the Criminal Justice Act 2003 make it an aggravating factor for the purposes of sentencing if at the time of committing the offence, or immediately before, the offender demonstrated hostility towards the victim on the basis of their race, religion, disability, sexual orientation or transgender identity or that the offence was motivated by hostility towards persons who had that characteristic. Under paragraph 5(2)(g) of Schedule 21 to the 2003 Act., murder motivated by hostility on the grounds of any of these characteristics attracts a life sentence with a 30 year starting point for the minimum term.</p> answering member constituency Hemel Hempstead answering member printed Mike Penning question first answered 15/07/2016 13:03:10 answering member 1528 label Biography information for Sir Mike Penning
tabling member	360 label Biography information for Lord Coaker