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Disability hate crimes

Hostility based on a victim's disability is now an aggravating factor when sentencing a person for a criminal offence.

The Criminal Justice Act 2003 section 146 extends the statutory duty on sentencers to increase sentences for offences aggravated by the victim's race and religion, so that it also includes offences aggravated by hostility towards the victim because of their disability.

This means that sentencers will be required to treat hostility towards the victim on the basis of their disability as an aggravating factor in sentencing. 'Disability' is widely defined as 'any physical or mental impairment'.

Section 146 is not relevant to claims under the DDA, but only where someone is being sentenced for a criminal offence. This might be assault for example. It could also be a 'hate speech' offence such as:

"threatening, abusive or insulting words or behaviour" meeting the conditions of section 4, 4A or 5 Public Order Act 1986 - see www.cps.gov.uk/legal/section11/chapter_a.html#08 or
a crime under the Protection from Harassment Act 1997 - see www.cps.gov.uk/legal/section5/chapter_e.html.

For more on section 146, see DRC News Release (link to DRC website) 30/10/03.

Section 146 came into force on 4th April 2005 and is available at www.opsi.gov.uk/acts/acts2003/30044--o.htm#146.

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