Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what discussions she has had with the Sentencing Council on the adequacy of the sentencing tariff for perpetrators of disability hate crime.

Disability hate crimes are completely unacceptable, and this Government is committed to tackling these appalling crimes. We have a robust legislative framework in place in England and Wales to respond to hate crimes, including those which target disability.

Sentencing in individual cases is a matter for our independent courts, who are required to take into account statutory aggravating and mitigating factors and follow sentencing guidelines developed by the independent Sentencing Council unless it would be contrary to the interests of justice to do so. As an independent body, the Sentencing Council decides its own priorities and work plan for producing guidelines. Parliament is responsible for the sentencing framework, including statutory aggravating and mitigating factors, and setting the maximum penalty for offences.

Under Section 66 of the Sentencing Code for England and Wales, the court must treat as an aggravating factor the fact that an offender demonstrated hostility towards the victim based on his or her disability (or presumed disability); or the offence was (wholly or partly) motivated by hostility towards persons who have a particular disability. An aggravating factor makes an offence more serious and must be considered by the court when deciding the length of a sentence.

Additionally, the Government has committed to ensuring parity of protection for disabled and LGBT+ people under aggravated offences and will implement this change in an appropriate legislative vehicle in due course.

The Government has delivered on a manifesto commitment to bring sentencing up to date and ensure the framework is consistent by launching an Independent Review of Sentencing, chaired by former Lord Chancellor, David Gauke. The Review will examine options following three core principles: sentences must punish offenders and protect the public, sentences should encourage prisoners to turn their backs on a life of crime, and we must expand and make greater use of punishment outside of prison.