Post by pullgees Post by pensive hamster Post by tim... Post by pullgees
"For recording purposes, the perception of the victim, or any other person
.... is the defining factor in determining whether an incident is a hate
incident, or in recognising the hostility element of a hate crime. The
victim does not have to justify or provide evidence of their belief, and
police officers or staff should not directly challenge this perception.
Evidence of the hostility is not required for an incident or crime to be
recorded as a hate crime or hate incident."
I assume that you posted this because it is so obviously the wrong position
It is not necessarily the wrong position to take "for recording
It would be the wrong position to take for the purposes of
deciding guilt or innocence.
Ah well maybe you can clear up for me that it really does take more than mere perception by the victim for a hate crime to have occurred in law.
As I understand it, first there has to be a crime (i.e. a criminal
offence), and you need evidence to prove a crime has been
Classifying a crime as a hate crime then seems to be a
subsidiary or supplementary process.
What is hate crime?
The National Police Chiefs' Council (NPCC) and the Crown
Prosecution Service (CPS) have agreed a common definition
of hate crime which is:
"...any criminal offence which is perceived by the victim or any
other person, to be motivated by a hostility or prejudice based
on a person's race or perceived race; religion or perceived
religion; sexual orientation or perceived sexual orientation;
disability or perceived disability and any crime motivated by a
hostility or prejudice against a person who is transgender or
perceived to be transgender."
Key words in the definition are "hostility" and "prejudice", words
which are used in their ordinary, everyday sense. The prosecution
does not therefore need to prove hatred as the motivating factor
behind an offence. Nor does the whole offence need to be
motivated by hostility. It can provide the sole reason for the
offending but, equally, such motivation can play a part or provide
just one element of the offending behaviour. ...