Should the law covering “hate crime” be better enforced?

In the last year, five groups of “so called” friends of disabled people were jailed for their murder or manslaughter in this country. In each case, the victims of these sustained crimes were treated as sub humans, tortured in the most sickening manner and robbed in unprovoked and sustained attacks. DisabilityNow (September 2007) contends that:

“The cases cast serious doubt on the way in which policy and the Crown Prosecution Service deal with disability hate crimes”

Disability hate crime is not a separate criminal offence, but Section 146 of the Criminal Justice Act 2003 (implemented in 2005) created a sentencing provision. If there is clear evidence of hostility to an individual because of their impairment, then this may now be seen as an aggravating feature, to which the judge can increase the sentence or, in the case of murder, the life tariff. DisabilityNow interviewed Scope’s head of policy, Ruth Scott, who agreed that the five prosecuted cases this year were examples of:

“…abuse and discrimination against disabled people based on the belief that they are inferior to others”
As such they should be treated with the same gravity as other hate crimes – along the same lines as racist and homophobic attacks”

David Congdon, the Director of Mencap added:

“Crimes against disabled people are a serious as race crimes or domestic violence. At one stage, the police didn’t want to know about those either. We are at the same stage with crimes against disabled people”

However, DisabilityNow was shocked to discover that none of these crimes were investigated as hate crimes, nor was any significant police time concentrated on establishing a pattern against the disabled victims.

DisabilityNow did report that the CPS have launched a new policy on disability hate crimes earlier in this year and since April, police are beginning to record hate crime and hostility towards disabled people. So far this year, only 20 such crimes have been recorded, with 18 of them “successful”. However, it has to be noted, as DisabilityNow contends, that this figure may well be the “tip of the iceberg” with very few cases going to court.

Sir Bert Massie, Chair of the DRC concluded by saying:

“Progress has certainly been made with the introduction of hate crime legislation and CPS guidance. What we need to see is the guidance working on the ground and throughout the criminal justice system, using the powers now available. Crimes based on ignorance, prejudice, discrimination and hare have no place in an open and democratic society and must not be tolerated”

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