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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.

Where someone is found guilty of committing a criminal offence, hostility towards the victim because of their disability is an aggravating factor in deciding their sentence. In other words, it will tend to increase the sentence given by the court.

This is stated in Criminal Justice Act 2003 section 146 (available on the OPSI website), which has been to force since 2005. 'Disability' is widely defined as 'any physical or mental impairment', and includes 'presumed' as well as actual disability.

Section 146 is not relevant to claims under the DDA, but applies only where someone is being sentenced for a criminal offence, for example assault. Another example would 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; or
a crime under the Protection from Harassment Act 1997 - see www.cps.gov.uk/legal/h_to_k/harrasment/ (I also discuss that Act in the context of harassment in employment).

There is a Crown Prosecution Service Policy for prosecuting cases of disability hate crime: www.cps.gov.uk/publications/prosecution/disability.html

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