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 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>
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 \u2018this definition should be universally adopted by the Police, local Government and other relevant agencies\u2019.<\/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>
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 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>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4538", "label" : {"_value" : "Biography information for Lord Keen of Elie"} } , "answeringMemberPrinted" : {"_value" : "Lord Keen of Elie"} , "dateOfAnswer" : {"_value" : "2018-12-04", "_datatype" : "dateTime"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2018-12-04T13:13:56.54Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "88"} , "answeringDeptShortName" : {"_value" : "Attorney General"} , "answeringDeptSortName" : {"_value" : "Attorney General"} , "date" : {"_value" : "2018-11-22", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Hate Crime: Prosecutions"} , "houseId" : {"_value" : "2"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25277", "prefLabel" : {"_value" : "House of Lords"} } ], "questionText" : "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.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/3153", "label" : {"_value" : "Biography information for Lord Pearson of Rannoch"} } , "tablingMemberPrinted" : [{"_value" : "Lord Pearson of Rannoch"} ], "uin" : "HL11726"} , {"_about" : "http://data.parliament.uk/resources/819375", "AnsweringBody" : [{"_value" : "Attorney General"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/819375/answer", "answerText" : {"_value" : "
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>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4538", "label" : {"_value" : "Biography information for Lord Keen of Elie"} } , "answeringMemberPrinted" : {"_value" : "Lord Keen of Elie"} , "dateOfAnswer" : {"_value" : "2018-01-16", "_datatype" : "dateTime"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2018-01-16T16:55:41.74Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "88"} , "answeringDeptShortName" : {"_value" : "Attorney General"} , "answeringDeptSortName" : {"_value" : "Attorney General"} , "date" : {"_value" : "2018-01-09", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Hate Crime: Prosecutions"} , "houseId" : {"_value" : "2"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25277", "prefLabel" : {"_value" : "House of Lords"} } ], "questionText" : "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.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/1807", "label" : {"_value" : "Biography information for Lord Vinson"} } , "tablingMemberPrinted" : [{"_value" : "Lord Vinson"} ], "uin" : "HL4576"} , {"_about" : "http://data.parliament.uk/resources/810452", "AnsweringBody" : [{"_value" : "Attorney General"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/810452/answer", "answerText" : {"_value" : "
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>
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 \u2018this definition should be universally adopted by the Police, local Government and other relevant agencies\u2019.<\/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>
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>
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>"} , "answeringMember" : {"_about" : "http://data.parliament.uk/members/4538", "label" : {"_value" : "Biography information for Lord Keen of Elie"} } , "answeringMemberPrinted" : {"_value" : "Lord Keen of Elie"} , "dateOfAnswer" : {"_value" : "2018-01-09", "_datatype" : "dateTime"} , "isMinisterialCorrection" : {"_value" : "false", "_datatype" : "boolean"} , "questionFirstAnswered" : [{"_value" : "2018-01-09T17:09:20.383Z", "_datatype" : "dateTime"} ]} , "answeringDeptId" : {"_value" : "88"} , "answeringDeptShortName" : {"_value" : "Attorney General"} , "answeringDeptSortName" : {"_value" : "Attorney General"} , "date" : {"_value" : "2017-12-21", "_datatype" : "dateTime"} , "hansardHeading" : {"_value" : "Hate Crime: Prosecutions"} , "houseId" : {"_value" : "2"} , "legislature" : [{"_about" : "http://data.parliament.uk/terms/25277", "prefLabel" : {"_value" : "House of Lords"} } ], "questionText" : "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.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"} , "tablingMember" : {"_about" : "http://data.parliament.uk/members/3153", "label" : {"_value" : "Biography information for Lord Pearson of Rannoch"} } , "tablingMemberPrinted" : [{"_value" : "Lord Pearson of Rannoch"} ], "uin" : "HL4420"} , {"_about" : "http://data.parliament.uk/resources/810453", "AnsweringBody" : [{"_value" : "Attorney General"} ], "answer" : {"_about" : "http://data.parliament.uk/resources/810453/answer", "answerText" : {"_value" : "
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>
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>
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 \u2018this definition should be universally adopted by the Police, local Government and other relevant agencies\u2019.<\/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>
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>
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>
<\/strong><\/p>"}
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}
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, "answeringDeptShortName" : {"_value" : "Attorney General"}
, "answeringDeptSortName" : {"_value" : "Attorney General"}
, "date" : {"_value" : "2017-12-21", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Hate Crime: Prosecutions"}
, "houseId" : {"_value" : "2"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25277", "prefLabel" : {"_value" : "House of Lords"}
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], "questionText" : "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.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/3153", "label" : {"_value" : "Biography information for Lord Pearson of Rannoch"}
}
, "tablingMemberPrinted" : [{"_value" : "Lord Pearson of Rannoch"}
], "uin" : "HL4421"}
, {"_about" : "http://data.parliament.uk/resources/782453", "AnsweringBody" : [{"_value" : "Attorney General"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/782453/answer", "answerText" : {"_value" : " 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> 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, \u2018any incident which is perceived to be racist by the victim or any other person\u2019. Putting the victim\u2019s 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>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4580", "label" : {"_value" : "Biography information for Baroness Vere of Norbiton"}
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, "dateOfAnswer" : {"_value" : "2017-11-16", "_datatype" : "dateTime"}
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]}
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, "answeringDeptShortName" : {"_value" : "Attorney General"}
, "answeringDeptSortName" : {"_value" : "Attorney General"}
, "date" : {"_value" : "2017-11-02", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Hate Crime: Prosecutions"}
, "houseId" : {"_value" : "2"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25277", "prefLabel" : {"_value" : "House of Lords"}
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], "questionText" : "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.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/1807", "label" : {"_value" : "Biography information for Lord Vinson"}
}
, "tablingMemberPrinted" : [{"_value" : "Lord Vinson"}
], "uin" : "HL2876"}
, {"_about" : "http://data.parliament.uk/resources/773042", "AnsweringBody" : [{"_value" : "Attorney General"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/773042/answer", "answerText" : {"_value" : " 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> 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>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4538", "label" : {"_value" : "Biography information for Lord Keen of Elie"}
}
, "answeringMemberPrinted" : {"_value" : "Lord Keen of Elie"}
, "dateOfAnswer" : {"_value" : "2017-11-01", "_datatype" : "dateTime"}
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, "questionFirstAnswered" : [{"_value" : "2017-11-01T16:07:00.19Z", "_datatype" : "dateTime"}
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, "answeringDeptId" : {"_value" : "88"}
, "answeringDeptShortName" : {"_value" : "Attorney General"}
, "answeringDeptSortName" : {"_value" : "Attorney General"}
, "date" : {"_value" : "2017-10-18", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Hate Crime: Prosecutions"}
, "houseId" : {"_value" : "2"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25277", "prefLabel" : {"_value" : "House of Lords"}
}
], "questionText" : "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.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/1807", "label" : {"_value" : "Biography information for Lord Vinson"}
}
, "tablingMemberPrinted" : [{"_value" : "Lord Vinson"}
], "uin" : "HL2243"}
, {"_about" : "http://data.parliament.uk/resources/758412", "AnsweringBody" : [{"_value" : "Attorney General"}
], "answer" : {"_about" : "http://data.parliament.uk/resources/758412/answer", "answerText" : {"_value" : " In order for an offence to constitute a \u201chate crime\u201d, first a \u201cbasic\u201d 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> Such offences could be designated as a \u201chate crime\u201d, if they meet the required criteria for the three strands of hate crime offences \u2013 (a) racially and religiously aggravated offences; (b) homophobic, transphobic and biphobic offences and (c) disability hate crime.<\/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>"}
, "answeringMember" : {"_about" : "http://data.parliament.uk/members/4538", "label" : {"_value" : "Biography information for Lord Keen of Elie"}
}
, "answeringMemberPrinted" : {"_value" : "Lord Keen of Elie"}
, "dateOfAnswer" : {"_value" : "2017-09-20", "_datatype" : "dateTime"}
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, "questionFirstAnswered" : [{"_value" : "2017-09-20T15:11:38.937Z", "_datatype" : "dateTime"}
]}
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, "date" : {"_value" : "2017-09-06", "_datatype" : "dateTime"}
, "hansardHeading" : {"_value" : "Hate Crime: Prosecutions"}
, "houseId" : {"_value" : "2"}
, "legislature" : [{"_about" : "http://data.parliament.uk/terms/25277", "prefLabel" : {"_value" : "House of Lords"}
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], "questionText" : "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.", "registeredInterest" : {"_value" : "false", "_datatype" : "boolean"}
, "tablingMember" : {"_about" : "http://data.parliament.uk/members/1807", "label" : {"_value" : "Biography information for Lord Vinson"}
}
, "tablingMemberPrinted" : [{"_value" : "Lord Vinson"}
], "uin" : "HL1416"}
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