Hate Crime Operational Guidance - True Vision

1 THE PROFESSIONAL BODY FOR POLICING Hate Crime Operational Guidance 2014 Pending inclusion into Authorised Professional Practice OFFICIALHate Crime Operational Guidanceii College of Policing 2014 OFFICIALHate Crime Operational GuidanceCollege of Policing Limited Leamington Road Ryton-on-Dunsmore Coventry, CV8 3 ENPublication date: May 2014 College of Policing Limited (2014)All rights reserved. No part of this publication may be reproduced, modified, amended, stored in any retrieval system or transmitted, in any form or by any means, without the prior written permission of the College or as expressly permitted by wishing to copy or reuse all or part of this document for purposes other than non-commercial research or private study will need a licence. Licence applications can be sent to we have identified any third-party copyright material you will need permission from the copyright holders other enquiries about this product should be addressed to Crime Operational Guidanceiii College of Policing 2014 OFFICIALC ontentsContentsForeword by Dr Nathan Hall 11 Defining hate Crime Collecting data.

2 Agreed definitions ..2 Monitored hate Crime ..2 Hostility ..5 Perception-based recording of hate Crime ..5 Other person ..6 Malicious complaints .. Non-monitored hate Crime .. Case study the murder of Sophie Lancaster .. Caste crimes .. Trends in non-monitored hate Crime .. Case study attacks on street sex workers .. Repeat victimisation .. Secondary victimisation .. Critical incidents ..102 Legislation Racially or religiously aggravated offences .. Definitions for racially or religiously aggravated offences .. Use of the term hostility .. Specific hate Crime offences .. Incitement to racial hatred .. Incitement to hatred on the grounds of religion.

3 Incitement to hatred based on sexual orientation .. Racist chanting .. Sentencing for hate Crime .. Section 145 Criminal Justice Act 2003 .. Section 146 Criminal Justice Act 2003 .. Definitions for sections 145 and 146 .. Enhanced sentencing for other crimes motivated by hostility .. The Criminal Justice ( ) (Northern Ireland) Order 2004 .. Officer discretion ..153 Strands of monitored hate Crime Disability hate Crime .. The nature of disability hate Crime .. Common factors in disability hate Crime cases .. Common incorrect assumptions in disability hate Crime cases .. What is a disability? .. Language ..21 OFFICIALHate Crime Operational Guidanceiv College of Policing Access to services.

4 Investigative techniques .. Victim support .. Partnerships .. Training issues ..29 Additional resources .. Race hate Crime .. Gypsy, Traveller and Roma communities .. Asylum, refugee and migrant communities .. Antisemitism .. Anti-Sikh hate Crime .. Religious hate Crime .. Anti-Muslim hate Crime .. Other types of religious hate Crime .. Sectarian Crime .. Sexual orientation .. The nature of lesbian, gay and bisexual hate Crime .. Sensitive policing responses .. Transgender hate Crime .. Understanding transgender people .. Gender recognition for transsexual people .. Providing a quality service .. Further support ..474 Under-reporting of hate crimes Third-party and assisted reporting .. Background .. Review of third-party reporting .. Data sharing with third-party reporting facilities.

5 External services .. Training ..535 Responses to hate crimes First contact .. Initial actions .. Specialist support .. Victims of sexual orientation/transgender hate Crime .. Data recording.. The national standard for incident recording .. Crimes .. Leadership and individual performance ..586 Responses to hate incidents Introduction .. Ownership .. Recording non- Crime hate incidents .. Opposition to police policy ..62 OFFICIALHate Crime Operational Guidancev College of Policing 2014 OFFICIALC ontents7 Partnership working Benefits .. True Vision .. Leadership .. Problem solving in partnerships ..668 Minimum standards for response, investigation and supervision of offences Introduction .. Call handling .. Risk assessments .. Initial response .. Priority response .. Initial actions.

6 Scene supervision .. Suspect considerations .. Gathering material .. Recording and reporting .. Role of the duty inspector .. Dedicated hate Crime investigation units .. Hate Crime coordination units .. Hate Crime investigation .. Standards of investigation .. Victim personal statements .. Evidence to support enhanced sentencing .. Role of supervisors in hate Crime investigations .. Debriefs .. Command team oversight .. Executive team strategic oversight .. Criminal justice process .. Statutory charging scheme .. Insufficient evidence to charge .. Bail proceedings .. Alternative outcomes .. At court .. Retraction of support for the prosecution .. Support for victims and witnesses .. Code of Practice for Victims of Crime .. Service delivery for the victims of hate Crime .. Practical approaches to victim care.

7 Victim information packs .. Victim Supportline .. The role of the family liaison officer .. Challenging cases .. Repeat victimisation .. Data collection .. Identification of risk and the police response .. Early identification of repeat victimisation ..89 OFFICIALHate Crime Operational Guidancevi College of Policing Witness care .. Witness care units .. Witness intimidation ..919 Community engagement Introduction .. What is a community? .. Building relationships .. Building community confidence .. Independent advisory groups ..9410 Intelligence Hate Crime considerations .. Community intelligence .. Community voices .. Covert human intelligence source .. Open source .. Crime pattern analysis .. Hate material .. Political headlines .. Community cohesion .. Community tension indicators.

8 Links between hate Crime and counter-terrorism policing .. Intelligence standards .. Conclusion ..10211 Measuring performance Introduction .. Hate Crime data collection .. Disaggregation of data .. Performance targets .. Increasing the reporting and recording of hate Crime .. Measuring the crimes that have successful outcomes .. Measuring repeat victimisation .. Measuring victim satisfaction .. Measuring the number of crimes that attract enhanced sentencing in court Measuring the quality of investigations .. Hate Crime audits .. Purpose of the diagnostic tool .. Methodology ..10712 Hate Crime in sport Introduction .. Robust and effective action .. Building community confidence .. Intelligence-led policing .. Football intelligence officers.. Match commanders ..110 OFFICIALHate Crime Operational Guidancevii College of Policing 2014 OFFICIALC ontents13 Inciting hatred Incitement to racial hatred.

9 Incitement to hatred on the grounds of religion .. Incitement to hatred based on sexual orientation.. Guidance on incitement to hatred offences .. Action in response to allegations of incitement to hatred ..11414 Internet hate Crime Nature of internet hate Crime .. Offences and investigation of internet hate Crime .. International jurisdiction .. Court jurisdiction England and Wales .. Threats to individuals outside the UK .. Key considerations .. Targeting celebrities .. Police Crime recording .. Non- Crime hate incidents .. Generic internet hate Crime management .. Hate mail ..12215 Internal hate Crime Introduction .. Leadership and partnership building .. Transparent policy .. Partnerships .. Encouraging reporting .. Recording internal hate Crime and non- Crime incidents .. Transparency of performance data.

10 Legal duties to protect staff from harassment .. Harassment as defined in legislation .. Types of internal hate Crime .. Committed by colleagues .. Committed by members of the public .. Understanding the extent of abuse .. Management considerations .. Deployment decisions .. Partnerships .. Support for colleagues .. Expressions of personal belief .. Prevention of conflict .. Refusal by a member of the public to accept an allocated officer .. Investigation of internal hate crimes ..131 Further reading 132 OFFICIALHate Crime Operational Guidance1 College of Policing 2014 OFFICIALHate Crime Operational GuidanceForeword by Dr Nathan HallThe 2005 Hate Crime Manual has been revised to reflect developments in this crucial area of policing.