Expert Legal Defence for Hate Crime Allegations
If you’ve been accused of a hate crime, it’s vital that you take expert legal advice at the earliest possible opportunity. Being convicted of a hate crime can destroy your reputation and impact many areas of your life, so at Draycott Browne our reputable criminal defence team will do everything they can to defend you against allegations of hate crime, ensuring that you are treated fairly and that your legal rights are protected.
Unlike many crimes where the motive might be to take something physical from the victim, such as money or possessions, hate crimes are different. They are driven by prejudice against who the victim is as a person, (for example because of their race, religion, or sexual orientation), and these crimes often involve violence or harm and are fuelled by hatred or bias. The victim does not have to be a member of the targeted group.
However, the law relating to hate crimes is complicated and often open to interpretation, so if you find yourself facing charges of committing a hate crime, it is important to seek advice from a solicitor who has experience and knowledge of this area of the law who can construct a robust defence case on your behalf.
What is a hate crime?
The police and the CPS have agreed on this definition for identifying and addressing hate crimes:
"A hate crime is any criminal act that is perceived by the victim or any other person to be motivated by hostility or prejudice based on a person's disability or what they are thought to be disabled, race or what they are thought to be racial, religion or what they are thought to be religious, sexual orientation or what they are thought to be sexually oriented, or transgender identity or what they are thought to be in terms of gender identity."*
This means that there are five types of hate crimes identified in law – these fall under the categories of:
- disability
- race
- religion
- sexual orientation
- transgender identity
Hate crime encompasses various forms of harmful behaviour, including physical assault, verbal abuse, and incitement to hatred.
Physical assault can range from common assault to more severe forms of violence, such as actual bodily harm or grievous bodily harm.
Verbal abuse often involves threats or derogatory name-calling directed at the victim.
Hate crimes can also involve an incitement to hatred, where the perpetrator's actions aim to stir up animosity or prejudice, such as through videos, music, or online content.
It’s important to understand that any crime can be considered a hate crime if the victim considers that the perpetrator either showed hostility towards them, or committed a crime because of the race, religion, disability, sexual orientation, or transgender identity of the victim. It is also possible for someone to be a victim of more than one type of hate crime.
These crimes are covered by laws such as the Crime and Disorder Act 1998 and section 66 of the Sentencing Act 2020, and these laws allow prosecutors to seek tougher punishments for people found guilty of hate crimes. For instance, if someone commits an assault in which it can be proven that they were hostile or motivated because of race, religion, or one of the other factors above, the assault becomes more serious. Instead of being handled by a Magistrates’ Court, it might go to the Crown Court where the punishment would no doubt be more severe. For example, an assault might have a maximum sentence of six months, but if it is then classified as a hate crime, it could lead to up to two years in prison. The courts must make it clear that they are giving a harsher sentence because of the hate aspect.
Why choose Draycott Browne?
If you are arrested or facing charges of committing a hate crime, choosing the right legal representation is crucial. At Draycott Browne we take a non-judgmental approach, ensuring that every client receives fair treatment and a robust defence, regardless of the nature of the allegations.
Our leading Criminal Defence Solicitors provide comprehensive services, advice, and representation at the police station and both the Magistrates’ Court and Crown Court. We understand the gravity of hate crime allegations and are committed to protecting our clients' rights and presenting their defence effectively.
We know that if the court agrees that a hate crime has been committed, the impact on potential sentencing can be substantial, so we work tirelessly to ensure that our clients' positions are protected. We are available day and night, offering legal advice when you need us most, wherever you are, whatever the time. We prioritise our clients' needs and provide unwavering support throughout the legal process, approaching each case with dedication and expertise and always striving to achieve the best possible outcome for our clients.
How are hate crimes defended?
There are some issues with hate crime laws because they are relatively new and currently, different laws cover hate crimes with some of them overlapping.
In addition to this, the wording of the laws is not always clearly defined; whilst there is no precise legal definition of the word "hostility" in this context, it tends to be interpreted based on everyday understanding, which includes feelings like ill-will, spite, contempt, prejudice, unfriendliness, antagonism, resentment, and dislike. However, it can be difficult to define exactly what constitutes hostility, and two people might have very different perceptions of what is or is not “hostile”.
That said, the law does not require the perpetrator to have feelings like ill-will, spite, or resentment towards the victim. Rather, the victim's perception that the crime was motivated by prejudice is sufficient for it to be treated as a hate crime, even if the perpetrator did not harbour strong negative emotions.
While the specific offences and sentencing guidelines may vary depending on the type of hate crime, the same general principles apply regardless of the protected characteristic targeted, such as race, religion, disability, sexual orientation, or transgender identity – some crimes like assault or harassment have harsher punishments if they are hate crimes.
The aim of the hate crime laws is to make it easier to prosecute people who stir up hatred, but this can be a difficult balance to strike alongside the principles of free speech and expression. It’s key to understand how hate crime laws affect other parts of the law, such as how people are sentenced for crimes, and it’s also important that human rights laws are also respected, and that no one is discriminated against.
Because of all the nuance involved in defining a hate crime, legally it can be complicated to navigate. You may strongly disagree with the allegations against you and feel that you have been misunderstood, or that your freedom of expression has been infringed upon. Whatever the situation or the nature of the charges against you, get in touch with us as soon as you become aware of them. We will listen to your side of the story, examining all the available evidence, and when we understand all the facets of your case, we will be able to recommend the best course of action open to you under the circumstances.
Contact our Hate Crime Solicitors
If you are facing accusations of committing a hate crime, it can be an extremely stressful and overwhelming experience. That's why it's crucial to choose the right legal representation to help you navigate the complex legal process.
At Draycott Browne, our Hate Crime Solicitors are committed to providing clients with expert legal advice, representation and support every step of the way. Our experienced General Crime Solicitors take a non-judgmental approach to every case, ensuring that our clients receive fair treatment and a robust defence, regardless of the nature of the allegations.
Our team understands the gravity of hate crime allegations and the potential consequences for our clients. That's why we work tirelessly to protect your rights and present your defence effectively.
We believe in building strong relationships with our clients, taking the time to understand their unique situation and needs. We work collaboratively with them to achieve the best possible outcome, whether that is a not-guilty verdict or a reduction in charges.
If you are facing hate crime allegations and need expert legal assistance, contact us today to schedule a confidential consultation with one of our dedicated Criminal Defence Solicitors.