Race & Religious Hate Crime Increase Reported for First Time in 3 Years

Hate Crime Offences: Legal Definitions, Consequences and the Importance of Early Representation

New Home Office figures show hate crime offences in England and Wales have risen for the first time in three years – with a growing number of prosecutions for offences motivated by hostility or prejudice.

Police across England and Wales recorded 115,990 hate crime offences in the year ending March 2025, a 2% increase on the previous year.

The rise includes significant increases in racially and religiously aggravated crimes, particularly following public unrest and high-profile national events.

While the figures reflect concerning trends in community tensions, they also highlight the legal complexity surrounding hate crime allegations – both in how they are investigated and how courts determine intent, motivation, and proportionality at sentencing.

What Constitutes a Hate Crime?

Under UK law, a hate crime is any criminal offence perceived to be motivated by hostility or prejudice based on one or more of five protected characteristics: race, religion, sexual orientation, disability, or transgender identity.

Hate crimes can arise in a wide range of circumstances.

From verbal abuse, online communication and vandalism to assault or harassment, the scope for commiting an offence is wide-reaching.

The offence itself may not differ from standard criminal acts, but its motivation or perceived prejudice is what elevates it to an aggravated offence.

The key legislation governing these offences includes:

• Crime and Disorder Act 1998 – establishes racially and religiously aggravated versions of common offences such as assault, criminal damage, and public order offences.
• Public Order Act 1986 – criminalises threatening or abusive behaviour intended or likely to stir up racial or religious hatred.
• Sentencing Act 2020 – requires courts to treat hostility based on a protected characteristic as an aggravating factor, increasing the severity of sentence.

The Legal Implications of Conviction

Conviction for a hate crime carries serious and lasting implications.

The court must impose a higher sentence than for an equivalent non-aggravated offence, reflecting the public interest in deterring crimes motivated by hatred or discrimination. For example:

• Racially or religiously aggravated common assault can carry a maximum of two years’ imprisonment, compared with six months for a non-aggravated version.
• Aggravated criminal damage and harassment offences can attract sentences of up to seven years depending on severity and intent.
• Public order offences involving racial or religious hostility often lead to imprisonment, particularly where violence or group disorder is involved.

Beyond the criminal sentence, the reputational, professional and personal consequences can be equally damaging.

A hate crime conviction remains on a criminal record and may affect future employment, visa or travel eligibility, and social standing.

Courts may also impose restraining orders or other restrictions on communication or online activity.

Intent, Perception and Proof

Hate crime cases are often highly nuanced.

The prosecution does not need to prove actual hatred – only that hostility was demonstrated during the offence, or that the victim or another person perceived it to be motivated by hostility toward a protected group.

This subjective element makes early legal advice essential.

A single comment, gesture or online post can be interpreted as hostility, even where no explicit intent existed. Many cases arise from heated exchanges, protests or social media activity taken out of context.

In defence of such cases, establishing context and intent early in proceedings can be critical to ensuring the full circumstances are properly understood.

Defending a hate crime allegation often requires analysing motive, communication patterns, and the proportionality of the response from law enforcement.

Sentencing and Aggravating Factors

When determining sentence, courts consider both the underlying offence and any evidence of hostility.

The Sentencing Council’s guidelines require judges to increase penalties where a crime is “aggravated by hostility” based on race, religion, sexual orientation, disability or transgender identity.

Aggravating factors may include:

• Use of language, gestures, or online posts showing prejudice or bias;
• Targeting individuals or groups based on identity or perceived difference;
• Impact on community cohesion and public confidence;
• Repeat or group offending, particularly during public disorder or protests.

Mitigating factors can include lack of prior offending, genuine remorse, mental health considerations, or evidence that comments were made impulsively rather than with intent to harm or incite hatred.

The Importance of Early Legal Representation

Given the complexity and sensitivity of these cases, early access to expert legal advice is vital.

Once accused or under investigation for a hate crime, individuals should seek representation before any formal police interview or voluntary statement.

Legal representation ensures that all available evidence – including digital communications, witness testimony, and contextual factors – is properly examined.

It also provides an opportunity to engage with the prosecution early, clarify misunderstandings, and explore potential defences such as lack of intent or mistaken perception.

Balancing Justice and Fairness

The law rightly takes hate crime seriously because of its impact on victims and communities.

However, accusations of this nature can also have life-changing effects on defendants – even before trial.

At the very centre of our criminal justice system is the ensuring of fair process, accurate interpretation of intent, and proportionate sentencing is essential to maintaining public confidence in justice.

How We Can Help

It is imperative for charges of this nature that legal advice is sought at the earliest opportunity. If you – or someone you know – is in need of legal representation for public order offences or hate crime– call us now on 0161 477 1121 or email us.