What is an antisemitic hate crime in the UK?

The law recognises five types of hate crime on the basis of:

• Race

• Religion 

• Disability

• Sexual orientation 

• Transgender identity

Any crime can be prosecuted as a hate crime if the offender has either:

• demonstrated hostility based on race, religion, disability, sexual orientation or transgender identity

Or

• been motivated by hostility based on race, religion, disability, sexual orientation or transgender identity

Someone can be a victim of more than one type of hate crime.

These crimes are covered by legislation (Crime and Disorder Act 1998 and section 66 of the Sentencing Act 2020) which allows prosecutors to apply for an uplift in sentence for those convicted of a hate crime.

The police and the CPS have agreed the following definition for identifying and flagging hate crimes:

"Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person's disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity."

There is no legal definition of hostility so we use the everyday understanding of the word which includes ill-will, spite, contempt, prejudice, unfriendliness, antagonism, resentment and dislike.

What’s the role of the CPS in prosecuting hate crime?

The police investigate and obtain evidence to show a crime has been committed.

In hate crime cases this includes gathering evidence that the victim has been targeted because of their race, religion, disability, sexual orientation and/or transgender identity or because of what the offender believes to be their race, religion, disability, sexual orientation and/or transgender identity.

The CPS is responsible for deciding which cases go to court. This includes taking a decision on whether there is enough evidence to prosecute a crime as a hate crime. 

If an offender pleads not guilty the CPS are responsible for preparing and presenting the case against them at court. 

In hate crime cases the CPS is also responsible for asking the courts to increase the sentence that an offender receives – to reflect the fact that the crime they committed was a hate crime.