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803038
star this property registered interest false more like this
star this property date less than 2017-12-08more like thismore than 2017-12-08
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Religious Hatred: 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 (HL Deb, col 1052) on 6 December, whether the Crown Prosecution Service’s definition of hate crime includes any action or speech which is perceived by the victim or any other person to be motivated by prejudice based on a person’s religion; and where such action or speech leads to a successful prosecution, what is the maximum sentence. more like this
star this property tabling member printed
Lord Pearson of Rannoch remove filter
star this property uin HL4003 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2017-12-19more like thismore than 2017-12-19
star this property answer text <p>The shared CPS and NPCC flagging definition of a religiously motivated hate crime covers any incident or crime which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on a person’s religion or perceived religion. 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).</p><p>The CDA 1998 creates a number of specific racially or religiously aggravated offences, each of which has a higher maximum sentence than the ‘basic’ non-racially or religiously aggravated version of the offence. For other offences, the CJA 2003 places a duty on the courts to increase the sentence where the defendant has been convicted of an offence where they have demonstrated or been motivated by hostility towards the victim based upon their protected characteristic. The CDA 2003 does not set a maximum sentence. Sentencing is a matter for the courts and will depend on the individual circumstances of the case and the legislation under which the defendant has been convicted.</p>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2017-12-19T15:26:34.297Zmore like thismore than 2017-12-19T15:26:34.297Z
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
unstar this property label Biography information for Lord Pearson of Rannoch more like this
803039
star this property registered interest false more like this
star this property date less than 2017-12-08more like thismore than 2017-12-08
star this property answering body
Attorney General more like this
star this property answering dept id 88 more like this
unstar this property answering dept short name Attorney General more like this
star this property answering dept sort name Attorney General more like this
star this property hansard heading Religious Hatred: 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 (HL Deb, col 1052) on 6 December, whether the Crown Prosecution Service’s definition of hate crime covers cases in which a Christian says that Jesus is the only Son of the one true God if this offends anyone of any other religion. more like this
star this property tabling member printed
Lord Pearson of Rannoch remove filter
star this property uin HL4004 more like this
star this property answer
answer
star this property is ministerial correction false more like this
star this property date of answer less than 2017-12-19more like thismore than 2017-12-19
star this property answer text <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. For something to be considered a hate crime, the perpetrator must have first committed a crime in accordance with the relevant legislation.</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 CPS seeks to balance the right to freedom of speech and expression against the duty of the state to act proportionately.</p><p>In relation to offences of stirring up religious hatred, there is a freedom of expression defence contained in Section 29J of the Public Order Act 1986, which explicitly states nothing in the Act; &quot;...prohibits or restricts discussion, criticism or expressions of antipathy, dislike, ridicule, insult, or abuse of particular religions, or the beliefs or practices of its adherents.&quot;</p>
star this property answering member printed Lord Keen of Elie more like this
star this property question first answered
less than 2017-12-19T15:27:51.697Zmore like thismore than 2017-12-19T15:27:51.697Z
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
unstar this property label Biography information for Lord Pearson of Rannoch more like this