The Law Commission has now finished taking evidence on Hate Crime and Disability. If if it keeps to its schedule, the Law Commission will produce its final report in early 2014, after which legislative changes may follow.
This project came to the Law Commission by a reference from the Ministryof Justice, following the Government’s publication of its three-year hate crime action plan in 2012. The terms of reference asked the Law Commission to look into:
extending the aggravated offences in the Crime and Disorder Act 1998 to include where hostility is demonstrated towards people on the grounds of disability, sexual orientation or gender identity;
the case for extending the stirring up of hatred offences under the Public Order Act 1986 to include stirring up of hatred on the grounds of disability or gender identity.
In summary, there are five ‘groups’ of people to whom the above legislation applies; but in only two categories (race and religion) can sentencing currently reflect the concept of an aggravated offence. Full details are on the Law Commission website.
Over the years, Rescare has been saddened by many reports from its members of ‘hate crimes’ committed against people with learning disabilities; and frustrated by the frequent inability of the police and other agencies to protect the vulnerable, and to arrest or prosecute offenders. We would welcome any legilative change which ultimately offers greater protection to potential victims, and a greater deterrent to offenders.