Abstract
This chapter engages with legal definitions of hate crime, and their subjective interpretations in both formal and wider contexts. Since the types of activity that we are primarily concerned with amount to criminal offences and are dealt with by various key agencies in terms of its specific legal meaning, we cannot ignore how legislation defines hate crime and hate speech. Nor can we ignore how such official formal definitions are subject to rival interpretations and both selective and discretionary enforcement. By setting out formal legal definitions and juxtaposing these with a case study of a perceived offence on a railway station, twin elements of our phenomenology of hate crime will begin to emerge. In particular, the descriptions provided by our intuitively rich experiential case study raise a series of issues that our later chapters tackle in a more concerted fashion. We argue that these two sections counter-balance each other’s tendency towards offering only a one-sided impression of this topic.
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Notes
- 1.
Interviewee, 151112.
- 2.
The basic offences that can be aggravated in this way are assault, criminal damage, and certain public order offences involving threatening, abusive or insulting conduct, harassment or stalking, and putting people in fear of violence. An aggravated offence attracts a higher maximum sentence than its basic counterpart. Sections 28–32 of the Crime and Disorder Act 1998 and sections 145 and 146 of the (Criminal Justice Act 2003). These acts relate to England and Wales only.
- 3.
The original sentencing uplift only applied to racial hostility, but the other four strands were added by subsequent amendment, with the transgender variant coming into force more recently (in Dec 2012). Section 145 deals with racial and religious hatred and s 146 with the other three strands. Sections 28–32 of the Crime and Disorder Act 1998 and sections 145 and 146 of the (Criminal Justice Act 2003).
References
Crime and Disorder Act 1998, ss 28–32.
Criminal Justice Act 2003 ss 145 and 146.
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Salter, M., McGuire, K. (2020). Legal Definitions and a Short Case Study. In: The Lived Experience of Hate Crime. Contributions to Phenomenology, vol 111. Springer, Cham. https://doi.org/10.1007/978-3-030-33888-6_2
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DOI: https://doi.org/10.1007/978-3-030-33888-6_2
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