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Hate incident (non crime)“Any non-crime incident which is perceived by the victim or any other person to be motivated by hostility or prejudice based on a person’s disability or perceived disability”
Or a person’s race, religion, sexual orientation or a person who is transgender
ACPO / CPS definition
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Hate incidents (non crime)
• No police powers
• ‘Positive intervention’ / ‘Community Negotiator’ approach
• Advise alleged perpetrator (if identified)
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Hate crime“Any criminal offence which is perceived by the victim or any other person to be motivated by hostility or prejudice based on a person’s disability or perceived disability”
Or a person’s race, religion, sexual orientation or a person who is transgender
ACPO / CPS definition
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Key elements of hate incident and crime definitions
• Hostility
• Prejudice
• Perceived (not just perception that is a hate incident or crime, perceived disability etc)
• Disability, race, religion, sexual orientation or transgender
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Hostility
• No definition within legislation for hostility – use dictionary definition, e.g. Unfriendly
• Links in with wording within Crime and Disorder Act 1998 and Criminal Justice Act 2003
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Prejudice
• Oxford Dictionary definition: “A pre-conceived opinion that is not based on reason or actual experience”
• Includes a dislike, hostility, or unjust behaviour deriving from pre-conceived and unfounded opinions
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Perceived• Anyone can perceive that an incident is a hate
incident or hate crime.
• The apparent lack of evidence or motivation as the cause of the incident is not relevant for recording as a hate incident or crime (will cover Crime and Disorder Act later)
• Can be perceived that a person was disabled (etc), but victim does not have to be.
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Perceived – disabled victims• Some people with either mental ill health or a
learning disability may not have the perception themselves that they have been the victim of a hate incident or hate crime.
• Police officer / Witness can still have the perception and should be recorded accordingly.
• Think – in the absence of any other motivation, could this be a disability hate incident or crime?
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Motivations• Disability
• Race
• Religion
• Sexual Orientation
• Transgender
• Note additional information markers, not motivations – anti-semitic, islamaphobic, migrant worker, Gypsy/Traveller and asylum seeker/ refugee. From 1st April alternative lifestyle to be included
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Disability hate crime – emerging trend identified at national level
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Disability Hate Crime
• Massive under reporting – including ASB incidents
• Lack of understanding• Is it ‘vulnerability’ or
‘hate’?• Context of disability
hate crime is different from other hate crimes
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Tell Someone!
• 999 Emergency
• 101 Non emergency
• 0800 830007 Council
• Police Station
• Neighbourhood Officer
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Third Party Reporting
• Each division has identified a number of partner agencies that act as ‘Hate Crime reporting centres’. Details are on the NPT pages on our website.
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‘True Vision’Website –
www.report-it.org.uk• Information on
different forms of hate crime
• National organisations’ contact details
• On-line reporting facility
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• Stop Hate UK has launched a new 24 hour helpline service, Stop Learning Disability Hate Crime, in England and Wales. The new service will be funded by the Ministry of Justice Victim and Witness Fund.
• People in England and Wales who have experienced, witnessed or know someone who is experiencing Learning Disability Hate Crime can contact the Stop Learning Disability Hate Crime helpline : 0808 802 1155 for support and information.
• It is free to call the Stop Learning Disability Hate Crime helpline from landlines and most mobiles and the number won’t show on a phone bill.
0808 802 1155
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Any Questions?