Disability Hate Crime Conference

posted: 02/02/2009

Manchester is to have a Disability Hate Crime conference in March. Disability hate crimes are crimes where prejudice and discrimination were behind the main offence - so a physical attack with abuse about having HIV would be assault made worse because of the disability hate crime abuse.

The law automatically treats HIV as a disability so people living with HIV have this extra legal protection. The way the law works is if a person is found guilty of the main offence (such as assault), then the court should then consider whether there is also evidence of a hate crime. If there is evidence of a hate crime, the punishment should be increased.

The Manchester conference will look at how well the law is actually working. The problem is people rarely report any disability hate crimes, especially those involving stigmatised conditions like HIV. However there has been at least one HIV disability hate crime that did come to court in the NorthWest - a violent assault over HIV disclosure

The Crown Prosecution Service conference is a way to work with disabled people and local advocacy groups to identify what CPS Greater Manchester and other Manchester Criminal Justice Agencies can do to boost the confidence of people with HIV and other disabilities to report hate crime. It will also show how Criminal Justice Agencies are trying to support disabled people who have endured hate crimes.

On the conference agenda is the chance to

• talk about your needs and concerns

• talk about practical ways to boost confidence in reporting Disability Hate Crime.

Want to take part?

The conference is on Thursday 5 March (9:30 am – 4:00pm) at Manchester Town Hall.

To attend you need to book a place. Please complete both the booking and monitoring forms and return them to david.leighton@cps.gsi.gov.uk by Monday 16 February or call 0161 827 4715. The conference agenda is here.
 

Disability Hate Crime Report

posted: 16/12/2008

The Crown Prosecution Service has published its 2008 report into hate crime prosecutions. One section of the report deals with disability hate crimes.

2007-08 is the first year that they have collected figures on disability hate crime.
• In the year ending March 2008, 183 defendants were prosecuted for disability incidents.
• In 2007-08, 77% of cases resulted in a conviction.
• In 2007-08, the guilty plea rate was 72%.
• Offences against the person were the most common offences linked with disability hate crime. Burglary, theft and handling were also common.
• In 2007-08, 83% of those prosecuted were white British and 82% were men.

There are no figures published for prosecutions involving attacks on people living with HIV. There might have been some cases, but we have no information on any cases. We know it happens.

Hate Crime Report 2007-2008

Law Fails HIV Hate Crime

posted: 07/10/2008

Police and prosecutors are failing to tackle an epidemic of hate crime against disabled people, the head of the Crown Prosecution Service in England and Wales said last night.

The disability hate law automatically applies to everyone living with HIV.

Sir Ken Macdonald, the director of public prosecutions, said that too many people with disabilities live in fear because the criminal justice system is letting them down.

He told the Bar Council: "Disability hate crime is widespread. At the lower end of the scale there is a vast amount not being picked up. The more serious offences are not always being prosecuted as they should be."

Macdonald said examples of hate crimes included stones, yoghurt and bad eggs being thrown at the windows of disabled people. They were subjected to offensive remarks, including that they should have been "put down at birth".

There had also been serious assaults in which disabled people were "treated like animals [and] subjected to sustained, violent and viciously degrading treatment".

George House Trust reported a life sentence for a viscous HIV hate crime attack against a man from Manchester’s gay village in 2007.

Macdonald said that police and prosecutors must stop thinking of disabled people as inherently weak and easy targets. "This approach is wrong. It means that the opportunity to condemn the prejudice and hostility of the offender is missed."

He added: "Where there is evidence of hostility, police and prosecutors must ensure it is put before the court. It is our duty to give effect to the law which supports the struggle for disabled people to live as full and valued members of society. These offences represent a crude assault on their human rights."

The law was strengthened five years ago to make the courts regard hostility to disabled people as an aggravating factor in any crime, requiring stiffer penalties.

Macdonald said the police should look harder for evidence of prejudiced attitudes that could support a prosecution for disability hate crime.

Full text of his speech

Source