No doubt hate crime on the rise.

Brigadier said:
What makes you so "anti-" it being flagged as a possible hate crime, but you have no problem flagging it as murder?

With no more evidence of it being one, than of it being the other?
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There is evidence of murder
There is no evidence of hate crime.

All deducible from the Police briefing.

Is it so hard?
 
I'm not the one who thinks its lawful to post anti-semitic hate speech.
 
IT Minion said:
Try rephrasing it as 'no evidence yet'.

They're looking into the possibility it's a hate crime as the victims were part of a particular group.

If you don't look for evidence then you don't find it.
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You are part of a particular group, I am part of a particular group, everyone has protected characteristics.
 
Isnt it a defence to murder that you are mad i.e. not criminally responsible. Anyone who walks around in public with inappropriately loaded suitcases accepting the occasional offer of help from a do gooder might well fit into that category. So it may not be a crime at all - hate or otherwise - if insanity turns out to be the defence.
 
IT Minion said:
Try rephrasing it as 'no evidence yet'.

They're looking into the possibility it's a hate crime as the victims were part of a particular group.

If you don't look for evidence then you don't find it.
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Wouldn't it be wrong to ignore this possibility?

Can always be correctly classified once the investigation and final answers are known

Or do the police have to get the all the facts on day 1 ?
 
noseall said:
At what stage does the hate factor come into play? When they are charged? During the trial? Or when they are sentenced?
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motorbiking said:
Once the motive is proved the cps apply to have the aggravating factor taken into account.
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Hate is not the only aggravating factor that can be applied.

Aggravating factors​

  • Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
  • Victim is targeted due to a vulnerability (or a perceived vulnerability)
  • A leading role where offending is part of a group activity
  • Commission of offence whilst under the influence of alcohol or drugs
  • Offence committed in a domestic context
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Aggravating and mitigating factors in sentencing guidelines and their expanded explanations – Research report – Sentencing

www.sentencingcouncil.org.uk www.sentencingcouncil.org.uk

1. Racial or religious aggravation – statutory provisions​

Sections 29 to 32 of the Crime and Disorder Act 1998 create specific racially or religiously aggravated offences, which have higher maximum penalties than the non-aggravated versions of those offences. The individual offence guidelines indicate whether there is a specifically aggravated form of the offence.
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1. Racial or religious aggravation – statutory provisions – Sentencing

www.sentencingcouncil.org.uk www.sentencingcouncil.org.uk

It is during the investigation stage that a crime may be flagged as a potential hate-crime, in order to ensure the investigation explores that motive.
To fail to recognise a crime as a hate-crime, and to omit the relevant investigation of the motive would be later seen to be an omission of proper procedures.
 
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