Prosecuting Disability Motivated Hate Crime

Dale SimonDirector of Public Accountability and InclusionCrown Prosecution Service

Who Are the CPS?

• The Crown Prosecution Service is the Government Department responsible for prosecuting criminal cases investigated by the police in England and Wales.

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The Code For Crown Prosecutors

• All cases received from the police are reviewed in accordance with the two stage test set out in the code for crown prosecutors.

• The Evidential Stage of the Test – there must be sufficient evidence to provide a realistic prospect of conviction against each suspect on each charge.

• The Public Interest Stage of the Test – If evidential stage satisfied must balance the public interest factors for and against prosecution.

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Definition of Disability Hate Crime

The Police and the CPS have developed a joint definition:

“any criminal offence which is perceived by the victim or any other

person, to be motivated by a hostility or prejudice based on a

disability or perceived disability.”

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Disability Hate Crime Policy

• The first Disability Hate Crime policy statement was published in 2007 http://www.cps.gov.uk/publications/docs/disability_hate_crime_policy.pdf

• the public policy statements explains the relevant law, deals with the application of the Code for Crown Prosecutors, our approach to victim and witness issues, bail and sentencing and strand specific issues

• All hate crime policies are informed by community engagement with specialist voluntary sector organisations and people directly affected by the policies

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Disability Hate Crime -What needs to be proved

• Disability Hate Crime- perception

• S 146 Criminal Justice Act 2003 – evidential proof of hostility

• No requirement to prove hatred

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Scrutiny of our policies and performance

• Themed Reviews.

• Local Scrutiny and Involvement Panels

• Monitoring

• CPS Annual Hate Crime Report http://www.cps.gov.uk/publications/docs/cps_hate_crime_report_2012.pdf

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Performance to Date

• In 2007/08, we prosecuted 183 cases of disability hate crime. Last year this figure had risen to 621.

• Of these prosecutions, 141 were successful in 2007/08, and last year there were 480, roughly 77% of prosecutions are successful

• In 2010/11, volumes and successful outcomes peaked at 726 prosecutions of which 579 (80%) were successful

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Challenges

• Lack of awareness of disability hate crime

• Raising confidence in communities to report Hate Crime.

• Identifying hate crime at the earliest stage so that hate crime policies can be applied.

• Supporting victims and witnesses with learning disabilities to give their best evidence

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Specific Disability Guidance

• Prosecution Guidance on Victims and Witnesses who have Mental Health Issues and/or learning disabilities

• Guidance on Supporting Victims and Witnesses who have mental health issues

• Guidance on supporting Victims who have learning disabilities

• Jointly funded MIND Prosecutors Toolkit that was published in October 2010

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Working with Others

• Community engagement • Local Scrutiny and Involvement Panels• Navigators Workshops• Community Accountability Forum• Police and Crime Commissioners and other Criminal Justice

partners• Hate Crime Strategy Board

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Help with Going to Court

• The CPS recently conducted research into the use of special measures outcome of the research is the development to ensure that victims and witnesses receive the support needed to enable them to give their best evidence.

• The CPS are also working with the police to improve the timeliness and quality of the information that we receive to support special measure applications to the court and improve the service that we

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Any Questions?