Racially and Religiously Aggravated Offences: ‘God’s Gift to Defence’?

Criminal Law Review (6). pp. 463-485, 2019

28 Pages Posted: 31 Jul 2019

See all articles by Abenaa Owusu-Bempah

Abenaa Owusu-Bempah

London School of Economics - Law School

Mark Walters

University of Sussex Law School

Susann Wiedlitzka

University of Sussex - School of Law, Politics and Sociology

Date Written: July 28, 2019

Abstract

The aim of our study was to assess the application of criminal laws (namely racially and religiously aggravated offences) and sentencing provisions for hate crime in England and Wales, and to detail the operational realities of hate crime legislation by gathering experiential accounts of the legislation “in action” from legal professionals. We undertook a thematic analysis of: public policies and publicly available statistics on hate crime; over 100 reported cases; and 71 in-depth, qualitative semi-structured interviews. We interviewed 21 Hate Crime Leads and Hate Crime Coordinators at the CPS; 17 independent barristers; nine Crown Court judges; 11 District Judges (Magistrates’ Courts); six police officers (and linked personnel); six practitioners working for a charitable organisation or civil society organisation that supports victims of hate crime; and one hate crime victim who had been through the court process.

Keywords: hate crime legislation

Suggested Citation

Owusu-Bempah, Abenaa and Walters, Mark Austin and Wiedlitzka, Susann, Racially and Religiously Aggravated Offences: ‘God’s Gift to Defence’? (July 28, 2019). Criminal Law Review (6). pp. 463-485, 2019, Available at SSRN: https://ssrn.com/abstract=3427969

Abenaa Owusu-Bempah

London School of Economics - Law School ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

Mark Austin Walters (Contact Author)

University of Sussex Law School ( email )

Falmer
Brighton BN1 9QN
United Kingdom

Susann Wiedlitzka

University of Sussex - School of Law, Politics and Sociology ( email )

Freeman Building
Falmer
Brighton, BN1 9QE
United Kingdom

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