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A Practical Guide to the Law in Relation to Hate Crime


ISBN13: 9781912687657
Published: April 2020
Publisher: Law Brief Publishing
Country of Publication: UK
Format: Paperback
Price: £39.99



In stock.

The concept of hate crime in itself is not new; so long as minorities have existed, so too have crimes targeting them for their minority status. However, the way in which the law deals with such crimes has undergone numerous changes over the years. For example, hate crime legislation no longer encompasses racial or religious aggravation alone, but has been extended to apply to characteristics such as disability, sexual orientation and transgender identity, with ongoing debate as to whether it should broaden its definition to a greater range of characteristics.

It is vital for any practitioner, student or indeed anyone with an interest in this fast-growing area, to have an understanding of its governing legislation, precedent and key issues.

This book, A Practical Guide to The Law In Relation to Hate Crime, is designed to give the reader exactly that knowledge. Its contents include an analysis of all the relevant legislation, key Court decisions, issues that may arise when prosecuting or defending a case with a hate crime element and tips for approaching a case with a hate crime element. In short, it is a practical and comprehensive guide to hate crime law at your fingertips, and will be an essential tool for all those involved in prosecuting or defending cases with a hate crime element.

Subjects:
Criminal Law
Contents:
Chapter One – A History of Hate and the Law
Race and Religion
Sexual Orientation and Gender Identity
Disability Rights
Chapter Two – An Overview of the Law
Specific Statutory Offences
The Crime and Disorder Act 1998
Public Order Act 1986
Football Offences Act 1991
The Ecclesiastical Courts Jurisdiction Act 1860
Offences Against the Person Act 1861
Sentencing Uplift
Section 145 of the Criminal Justice Act 2003
Section 146 of the Criminal Justice Act 2003
Sentencing Hate Crimes: the Staged Approach
Chapter Three – Key Concepts in the Law of Hate Crime
Hostility
Demonstrating Hostility
What Constitutes a Demonstration?
Demonstration Versus Motivation
The Immediacy Requirement
Relevance of the Victim’s Perception
Group Offending and the Demonstration of Hostility
Motivated by Hostility
Motivated Wholly or in Part
Evidence That May Prove Motivation
Targeted Versus Motivated By
Protected Groups
What Constitutes a Racial or Religious Group?
What Constitutes Disability?
What Constitutes Sexual Orientation?
What Constitutes Transgender Identity?
Chapter Four – The Statutory Offences
The Crime and Disorder Act 1998
Section 28 of the Crime and Disorder Act 1998
Section 29 of the Crime and Disorder Act 1998
Section 30 of the Crime and Disorder Act 1998
Section 31 of the Crime and Disorder Act 1998
Section 32 of the Crime and Disorder Act 1998
The Public Order Act 1986
Offences by a Corporation
Mode of Trial of the Offences Under the 1986 Act
Statutory Sentencing Provisions
Sections 17, 29A and 29AB of the Public Order Act 1986
Sections 18 and 29B of the Public Order Act 1986
Sections 19 and 29C of the Public Order Act 1986
Sections 20 and 29D of the Public Order Act 1986
Sections 21 and 29E of the Public Order Act 1986
Sections 22 and 29F of the Public Order Act 1986
Sections 23 and 29G of the Public Order Act 1986
The Football Offences Act 1991
Offences Against Ministers and Places of Worship
Section 2 of the Ecclesiastical Courts Jurisdiction Act 1860
Section 36 of the Offences Against the Person Act 1861
Chapter Five – The Sentencing Uplift Provisions
Section 145 of the Criminal Justice Act 2003
Application of Section 145 of the Criminal Justice Act 2003
Section 146 of the Criminal Justice Act 2003
Application of Section 146 of the Criminal Justice Act 2003
Chapter Six – The Practitioner’s Toolkit
Pre-Charge Stage
Advising at the Police Station
Pre-Charge Advice
First Appearance, Plea and Trial Preparation and Pre-Trial Review Hearings
Special Measures
Hearsay and Bad Character
Trial
Sentencing