Tough laws to tackle 'hate crime'

The new laws will be tougher on racist crime

Tough new laws aimed at tackling hate crime and so-called joyriding have come into force in Northern Ireland.

Criminal Justice Minister John Spellar said on Tuesday that the government wanted to make it clear that these crimes were "totally unacceptable".

Under the new laws, judges must treat racial and religious aggravation and hatred of sexual orientation or disability as an aggravating factor when sentencing.

The laws also create new offences and heavier penalties to tackle car crime.

The government will not tolerate racism, sectarianism, or hostility based on sexual orientation or disability in Northern Ireland John Spellar Criminal Justice Minister

These are aggravated vehicle taking and causing death or grievous bodily injury by aggravated vehicle taking.

Judges will have additional powers to hand down sentences which fit the seriousness of the crime.

"The government will not tolerate racism, sectarianism, or hostility based on sexual orientation or disability in Northern Ireland," Mr Spellar said.

"This new legislation brings much needed changes to the law, substantially strengthening the measures available to tackle crime motivated by such hatred.

"The new powers give judges greater powers in sentencing where hostility is proven, including increases in maximum sentences for a series of violent offences."

Heavier penalties

The new laws mean that the maximum penalties for causing grievous bodily harm, assault occasioning actual bodily harm, and putting someone in fear of violence, increase from five to seven years.

The penalty for causing criminal damage rises from 10 to 14 years.

Two new offences have been created to deal with so-called joyriding. These can attract heavy penalties of up to 14 years in prison, again strengthening the powers available to the courts.

Mr Spellar said public support for these measures was voiced during public consultation.

PSNI Inspector Robin Dempsey, who works in the police department looking after hate crime policy, said it was often difficult to prove a racist, religious or sexual motivation for an attack.

"What this new legislation really means for the police, is that if an offence has been detected and reported, if police have sufficient evidence to prove that there has been a religious, or racial, sexual orientation or disability motivation to that offence, then we will report that through to the court.

"The court can then take that into consideration, and if they are satisfied that that has been the case, then they can increase the sentence in respect of whatever the offence has been.

"We would be prosecuting people for assault, criminal damage, harassment, and then it is those offences - if the motivation is there - that the court will take into consideration."