These are certain offences which have been motivated by hostility or prejudice held towards the victim, based on their race, disability, religion, or sexual orientation.
The most commonly prosecuted category, are crimes which are considered to be racially aggravated. S96 of the Crime and Disorder Act 1988 sets out when an offence is racially aggravated:
1) where immediately before, during or immediately after the crime has been committed the perpetrator has evinced malice and ill-will towards the victim of the offence based on his membership or perceived membership of a racial group; or
2) where the offence is wholly or partly motivated by malice or ill-will towards members of a racial group.
In respect of the first example the offence therefore does not require to be racially motivated for it to amount to a racial aggravation.
Richard Freeman (AKA Mr. Technicality) is one of Scotland's most prominent Solicitor Advocates with the skills, decades of experience and technical expertise to vigorously defend your position. Its important to enlist the services of an expert defence lawyer with a strong track record such as Mr. Freeman.
Do not delay, time is vital in order for us to properly examine the evidence against you, contact potential witnesses, ensure timelines are consistent with the evidence and investigate many other aspects in order to create your strongest legal defence.
Call our national helpline 0800 567 7810 now or our local numbers. Alternatively, complete a contact form or request a call back.
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The most commonly prosecuted crimes where it is alleged that a racial aggravation existed are:
These are known as the substantive crimes and require to be proved in the usual way by corroboration. It is only once these offences have been proved, that the court then goes on to consider whether there has been a hate crime element.
Where it is alleged that the accused committed these crimes as a result of some prejudice, the evidence of that prejudice only requires to emanate from one source, most often the victim.
Once a court holds that the crime was racially aggravated, it then has to decide what the additional punishment might be. The court can decide not to impose an additional punishment, but if it does, it has to say in open court, at the time of sentencing what that additional sentence is.
We have defended numerous cases where the victim has alleged that the substantive crime was committed due to their race, religion or their sexual orientation, where that in fact has not been the case.
Such allegations of hatred can make a significant difference to the sentence imposed by the court, and can leave a stigma on an accused?s record that is not justified.
At Criminal Defence Solutions we are very much alive to the anxiety this can cause someone who has been falsely accused of a hate crime, and have fought vigorously in court to successfully defend such allegations.
The Scottish Government is soon to pass the Hate Crime and Public Order (Scotland) Bill this year to consolidate the law as it stands into one Act of Parliament.
We are ready to defend such cases. We are well aware that not all offences involving minority groups are aggravated in this way. Indeed we are very successful at defending the substantive offences like assault and abusive and threatening behaviour, securing a complete acquittal of all allegations.
We can be contacted day or night for an important free consultation to provide you with advice from the outset, which could make all the difference in avoiding a conviction further down the line.
Don't delay! You can Contact us by form or by phone on 0800 567 7810 to find out what can be done.