The United Kingdom (excerpts related to Hate Crimes law)

Legislation covering England & Wales

The Aggravated Offences (sections 28 to 32 Crime and Disorder Act 1998) cover race and religion and mirror certain non-hate crime equivalent offences (that is: assault, criminal damage, public order offences or harassment) but with higher maximum sentences. An offender is charged with these (e.g. ‘racially-aggravated assault’), instead of non-hate crime versions, where there is proof of racial or religious hostility on the part of the offender.

The Stirring Up Offences, set out in sections 17 to 29N Public Order Act 1986, cover race, religion and sexual orientation. The offences deal with conduct (either words or behaviour) or material which is threatening in nature, and which is intended to stir up hatred against a group of people who are defined by reference to sexual orientation, race or religion. The racial hatred offences cover a wider range of conduct or material including that which is threatening, abusive or insulting, and which is intended or likely to stir up hatred.

Sentencing uplifts (section 66 Sentencing Act 2020) cover race, religion, sexual orientation, transgender identity and disability, and provide a court with direction to impose more severe penalties within the existing maximum sentence thresholds for the underlying non-hate crime (e.g., an uplift may be added to a ‘standard’ criminal damage sentence), where there is evidence of hostility. The underlying offence convicted for would still be a non-hate crime.

Legislation covering Northern Ireland

The Criminal Justice (No.2) (Northern Ireland) Order 2004 provides for enhanced sentences for offences aggravated by hostility due to race, religion, disability or sexual orientation - The Criminal Justice (No. 2) (Northern Ireland) Order 2004 (legislation.gov.uk)

Legislation covering Scotland

The Hate Crime and Public Order Act (Scotland) Act 2021 was given Royal Assent to become an Act of Parliament on 23 April 2021. The Act was commenced on 1 April 2024. - Hate Crime and Public Order (Scotland) Act 2021 (legislation.gov.uk)