Hate Crime Additional Information from States of Jersey Polices

1. Hate Crime

To assist in understanding the "hate" element, hate crimes and incidents are those where the perpetrator's perceived hostility or prejudice against an identifiable group of people is a factor in determining who is victimised. This is broad and inclusive – a victim does not have to be a member of the group. For example, a heterosexual man who is verbally abused leaving a gay bar may well perceive that it is motivated by homophobia although he himself is not gay. In fact, anyone could be a victim of a hate crime, including staff working inside States Departments.

2. Hate Incidents

It is vitally important to note that all hate crimes are hate incidents; however, some hate incidents may not constitute a criminal offence and therefore will not be recorded as a crime. Whether it is a hate crime or incident will not lessen the impact to the victim nor should it lessen the response.

The perception of the victim or any other person is the defining factor in determining whether an incident is a hate incident, or in recognising the hostility element of a hate crime. The victim does not have to justify or provide evidence of their belief and staff engaging with them should not directly challenge this perception. Evidence of the hostility is not required for an incident or crime to be recorded by the police as a hate crime or hate incident.

Currently a hate crime prosecution is any hate crime which has been charged in the aggravated form or where the prosecutor has assessed that there is sufficient evidence of the hostility element to be put before the court when the offender is sentenced.

Examples of a hate incident could include the following examples:

1. A same sex couple openly displaying affection in a shop, being approached by the shop owner and then being asked to leave because of this. The incident has been perceived by the couple to be motivated by homophobia however, no criminal offence has been committed but owing to the perception of the couple, this should be recorded as a hate incident;
2. Two men of Asian appearance, wearing jeans, are being refused entry to a nightclub on the grounds their dress is inappropriate. The men perceive their refusal as being due to their ethnic appearance. However, it later transpires that the dress code for the club is 'no denims', therefore no offence has been committed but owing to the perception of the men, this should be recorded as a hate incident.

The important aspect to consider in all cases ("crime" or "incident") is the victim's, or anyone else's, perception of the motive, not their interpretation of the law as to whether a criminal offence has been committed or not. Police officers may identify a hate incident, even when the victim or others do not. Where this occurs, the incident should be recorded in the appropriate manner.

It is important to provide a response to hate incidents which is considered and proportionate so as to preserve and enhance community confidence in the States of Jersey Police and partner agencies.

3. Which Communities Does this Affect?

Currently no statutory legislation exists within the Island (see section in respect of the Discrimination (Jersey) Law 2013) that creates an aggravation of any criminal offence against a person or their property when motivated wholly or in part by an offender's hostility or prejudice, perceived or otherwise. However the Crime (Prejudice and Public Order) Law is out for public consultation between October and November 2019. This draft Law, with others, will seek to modernise Jersey's approach to managing criminal offences, and to bring processes up to international standards.

4. Victims of Sexual Orientation/Transgender Hate Crime

Where a complainant has been the victim of sexual orientation or transgender hate crime, they should not be questioned about their sexual orientation or gender identity. If they choose to disclose this information this should be recorded and must be treated in the strictest confidence.

Involved staff must not disclose information regarding the person's sexual orientation or gender to their family or friends without their express permission. The person may not have told family or friends about their sexual orientation or gender identity and such a disclosure, even made inadvertently, could seriously undermine the person's confidence in the dealing agency, as well as expose personnel to disclosure offences under Article 18 of the Gender Recognition (Jersey) Law 2010 where the victim holds a gender recognition certificate, and/or a claim for discrimination under the Discrimination (Jersey) Law 2013.

5. Discrimination (Jersey) Law 2013

The Discrimination (Jersey) Law 2013 protects the following characteristics – race (including skin colour, nationality, national origin and ethnic origin), sex, sexual orientation, gender reassignment, pregnancy and maternity, age and disability. The Law is primarily aimed at protecting persons in the workplace (both paid and voluntary), but extends also to education, provision of goods and services, access to and use of public facilities, disposal or management of premises, and membership of clubs.

Broadly speaking, the Law covers direct and indirect discrimination, victimisation and harassment in the above areas. There are additional ways in which disability discrimination can occur and the Law should be consulted for further detail. Enforcement is the responsibility of the Jersey Employment and Discrimination Tribunal as established by Article 81 of the Employment (Jersey) Law 2003. Complainants should be directed to the Jersey Advisory and Conciliation Service ("JACS") who act in an advisory and secretarial role for members of the public wishing to bring a discrimination claim.

Any race-based discrimination reported to the States of Jersey Police will be recorded, and consideration given as to whether any crime has been committed (for example harassment in the work place which may extend to harassment as defined by the Crime (Disorderly Conduct and Harassment) (Jersey) Law 2008).

6. Prosecution of Offences

Jersey does not currently have any statutory provision for specifically prosecuting hate crimes (see Section 3. Which Communities Does this Affect?). In ensuring that focus remains with the victim, prosecution of any hate crimes should be fast-tracked and the 'hate' aspect of the offence clearly highlighted in police reports.

7. Repeat Victimisation

The first time an incident comes to the notice of the police is not necessarily the first time an offence has been committed against that victim. Victims may be too frightened to report earlier offences or may not realise that the abuse they are suffering is, in fact, a crime. Victims of hate crime often suffer personal trauma from such incidents, which can have a devastating impact on their own lives and on the lives of their family, friends and the wider community.

A repeat victim is defined as for repeat victimisation in domestic abuse crimes:

"a person or immediate family member who suffers more than one hate incident in a twelve month period following the date the first incident occurred"

There is strong correlation nationally between repeat victimisation and harm, and such victims are likely to be very vulnerable. Tactical interventions will depend on the circumstances but the objective is to treat the victim with respect, to help them to feel safe and to provide an appropriate response based on an assessment of their individual needs.

In some cases, the repeated nature of the hate crime or incident could be based upon the location rather than the individual, for example anti-social behaviour directed at a day centre for people with learning difficulties. Monitoring for an emergence of any such pattern is the responsibility of all agencies, and once identified should be communicated with the police.

8. Vulnerable Victims

There may in cases be great benefit and support available to vulnerable victims from agencies outside of police. The police will give consideration to the potential vulnerability of victims, and to the submission of Adult or Child Protection Notifications. This will be particularly relevant for repeat victims.

9. Impacts of Hate Crime / Third Party and Assisted Reporting

Hate Crime can have significant impacts on the victims, their families and their communities. We should never underestimate the effects of hate crime as they impact people in different ways. Hate Crime can have physical and psychological effects and can seriously affect the mental health and ability to cope of the person who is the target.

As hate crime targets a person because of who they are then the impact has been known to be significantly more traumatic than a similar crime without the hate motivation. A person targeted for being themselves cannot change to prevent further attacks.

A hate crime attack on one person is also a crime targeting that whole community, as the perpetrator is showing malice and ill will towards the whole social group. Therefore each hate crime effectively has multiple victims and impacts on the fear of crime and concerns regarding safety for every person in that group that is aware of hate crime occurring.

It is recognised that there are many reasons for underreporting of hate crime and whilst efforts will continue to develop confidence and to encourage direct reporting of such to the police, full use should be made of opportunities arising from third party and assisted reporting.

Such routes may exist via anonymous sources such as Crimestoppers, Victim Support, True Vision, Stop Hate UK or via minority community contacts developed by the ongoing engagement with such groups, for example the Community Advisory Group (CAG).