Question to the Ministry of Justice:

To ask Her Majesty's Government what plans they have, if any, to reform the Crime and Disorder Act 1998 to define hate crimes on the basis of sexual orientation and gender identity as aggravated offences.

The Law Commission have been invited to review the law relating to hate crime and to make recommendations to the Government for its reform. The review began in March 2019.

Specifically, the Law Commission have been asked to consider the current range of offences and aggravating factors in sentencing, and to make recommendations on the most appropriate models to ensure that the criminal law provides consistent and effective protection from conduct motivated by hatred towards protected groups or characteristics. The review will also take account of the existing range of protected characteristics, identifying any gaps in the scope of protection currently offered under the law and making recommendations to promote a consistent approach.

The Law Commission plan to issue a consultation on this matter in early 2020. Further information on the review can be found on the Law Commission webpage at: https://www.lawcom.gov.uk/project/hate-crime/

Under the current law, the courts already have a duty to treat evidence of hostility based on someone’s sexual orientation or transgender identity as an aggravating factor when considering the seriousness of an offence. Where an offence is proven, this would merit an increase in penalty within the maximum available for that offence.