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[For England and Wales see Public Order Act 1986 (POA 1986)]
The Public Order (Northern Ireland) Order 1987 creates a number of substantive hate crime offences with regard to religious belief, colour, race, nationality, ethnic or national origins. (2004 Order to include sexual orientation and disability.)
For an offence to be committed under the provisions of the 1987 Order, there has to be one of the following: it has to be ‘threatening, abusive or insulting’, and it has to be intended to, or likely in all the circumstances to stir up hatred.
Note - A person will not be guilty of such an offence if he did not intend his words or behaviour, or the written material, to be threatening, abusive or insulting and was not aware that they might be.
[For England & Wales see Crime and Disorder Act 1998 (CDA 1998)]
This Act covers “offences aggravated by hostility”. If the perpetrator (Defendant) in committing the offence demonstrates or was motivated by hostility on the grounds of race, religion, sexual orientation or disability (or presumed by the Defendant) that offence becomes “Aggravated.”
An Aggravated Offence is seen as more serious because of the context of the crime and usually attracts a higher sentence as a result.
Examples of basic offences that can be aggravated in this way are assault, criminal damage, and certain public order offences involving threatening, abusive or insulting conduct, harassment or stalking, and putting people in fear of violence.
Hatred is defined as meaning hatred against a group of persons in Northern Ireland defined by reference to religious belief, colour, race, nationality orethnic or national origins, sexual orientation or disability.
The PPS and other Criminal Justice Agencies adopt the following definition:
“Any incident which constitutes a criminal offence perceived by the victim, or any other person, to be motivated by prejudice or hate towards a person’s race, religion, sexual orientation or disability.’’
This is the 'perception-based approach' which has generally been accepted in recent years in relation to the definition of hate crime, as set out in the MacPherson report arising from the murder of Stephen Lawrence.
This is known as the “Lawrence”/“MacPherson” definition.
On 23rd October 2011 Terry was playing for Chelsea in a televised match against West London rivals QPR.
He was clearly seen by television footage swearing and shouting vebally abuse. In particular he called Anton Ferdinand (a mixed-race English player) a:
(Mon) 28.11.11 – Investigations under way and confirm Terry was interviewed under caution.
(Thurs) 01.12.11 – File passed to prosecutors. The CPS to consider findings of the 5wk police investigation.
(Wed) 21.12.11 – CPS confirm Terry will be charged with racially abusing Ferdinand. 1st Court date before West London Magistrates' Court on February 1, 2012.
(Wed) 01.02.12 – Not Guilty plea entered and court date is set for 9 July.
(Fri) 13.07.12 – Terry is cleared at Westminster Magistrates' Court.
The Scottish Executive in 2009 extended legislation to cover transgender as protected group.
Manchester Police have in recent months widened hate crime definition (ie Lawrence type) to cover Punks, Goths an Emo groupings.
The Law Commission in England and Wales, under Commissioner Professor David Ormerod QC is currently consulting on extending the law on hate crime to cover sexual orientation, transgender identity and disability.