HATE CRIME: THE CASE FOR EXTENDING THE EXISTING OFFENCES. Consultation Paper, A ![HATE CRIME: THE CASE FOR EXTENDING THE EXISTING OFFENCES [pdf]](https://bibbase.org/img/filetypes/pdf.svg "pdf")
Paper abstract bibtex (4) Enhanced sentencing 1.19 Finally, the term “hate crime” is also used in the context of sentencing. Where, in the commission of any offence,19 an offender demonstrated or was motivated by hostility based on race, religion, disability, sexual orientation or transgender identity, the court can apply the enhanced sentencing provisions under sections 145 and 146 of the Criminal Justice Act 2003 (“CJA 2003”).20 These provisions require the court to treat such hostility as an aggravating factor in sentencing. The sentencer must make a statement in open court about the finding of hostility. 1.20 The amount by which a sentence can be increased will depend on the circumstances of the case and the seriousness of the aggravation. In some situations, the increase in sentence could result in a prison sentence being imposed when it would not have been imposed otherwise. Where an aggravating factor is found to apply, this cannot raise the sentence above the maximum tariff that the offence attracts.
@article{consultation_paper_hate_nodate,
title = {{HATE} {CRIME}: {THE} {CASE} {FOR} {EXTENDING} {THE} {EXISTING} {OFFENCES}},
url = {http://www.lawcom.gov.uk/wp-content/uploads/2015/03/cp213_hate_crime_amended.pdf},
abstract = {(4) Enhanced sentencing 1.19 Finally, the term “hate crime” is also used in the context of sentencing. Where, in the commission of any offence,19 an offender demonstrated or was motivated by hostility based on race, religion, disability, sexual orientation or transgender identity, the court can apply the enhanced sentencing provisions under sections 145 and 146 of the Criminal Justice Act 2003 (“CJA 2003”).20 These provisions require the court to treat such hostility as an aggravating factor in sentencing. The sentencer must make a statement in open court about the finding of hostility. 1.20 The amount by which a sentence can be increased will depend on the circumstances of the case and the seriousness of the aggravation. In some situations, the increase in sentence could result in a prison sentence being imposed when it would not have been imposed otherwise. Where an aggravating factor is found to apply, this cannot raise the sentence above the maximum tariff that the offence attracts.},
author = {Consultation Paper, A},
keywords = {Inequality, Language \&, Mental Health/Bias: Mind, Mental Health/Bioethics: Exclusion \&, Mental Health/Ethics: Human Rights, Mental Health/Ethics: Jurisprudence, Pain}
}
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