Members of the public invited to help shape law on hate crime

The public consultation is being led by Crown Court Judge Desmond Marrinan.

The process has involved a number of public sessions in towns, including Ballymena, Dungannon, Enniskillen and in Londonderry.

To date, there have been between 650 and 700 responses to an online survey over the past five weeks.

Judge Marrinan said at the recent outreach sessions, “virtually everyone agreed that the present laws are not working” with regard to hate crime and subsequently, some sentencing laws are “not fit for purpose”.

He noted that during the last three years, half of crime against people on “hate grounds” are “on the grounds of race” and race hate crime has now overtaken sectarian crime.

In Mid and East Antrim, Ballymena District Electoral Area had the fifth highest incidence of hate crime in Northern Ireland during 2018/19,  according to  a report to the borough’s council. A total of 159 hate crimes and incidents were recorded by police in the Ballymena area during this period.  Of these, 126 had racist motivation. There were 30 with a sectarian motive and three, homophobic.

Overall, 187 hate crimes in Mid and East Antrim were race-related, 86 had a sectarian motivation and 16, homophobic. In Carrickfergus Castle district, there was a total of 17 hate crimes and incidents. Six crimes and incidents were sectarian and seven had homophobic motivation. Four were racist.

In the Larne Lough area, there were 33 hate crimes and incidents. Of these,  21 we sectarian and 12 were racist.

The PSNI says when an incident or crime has been reported to police by the victim or another person and they perceive it as being motivated by prejudice or hate, it will be recorded and investigated as a hate incident or crime.

Tackling hate crime is a key priority highlighted by Mid and East Antrim Policing and Community Safety Partnership in 2020/21.

In Antrim and Newtownabbey, there was a rise in hate crimes and incidents last year with 109 reported compared to 92 in 2018.

Victim Support says that hate crime can be “any criminal or non-criminal act such as graffiti, vandalism to a property, name calling, assault or online abuse using social media”.

From 2018/19, the charity’s hate crime advocacy service received 823 referrals in Northern Ireland.

Victim Support NI says: “Hate crime continues to make headlines in Northern Ireland on a weekly basis and we endeavour to do all we can to help the most vulnerable in our society to access the support they need.”

When the Hate Crime Review concludes, the findings will be examined by a team of academics and will then be presented to Justice Minister Naomi Long. Last month, the minister opened an “online hate crime” event at Belfast City Hall which was organised by Belfast Policing and Community Safety Partnership with the PSNI and political representatives alongside social media giant Facebook. Judge Marrinan was also among delegates.

Commenting at the time, the minister said: “Whether offline or online, targeting a person because of who they are or what they believe – be it their race, religion, political belief, sexuality, gender identity or disability – is wrong.

“When someone has been verbally or physically assaulted in the street, we encourage victims to report it – and this is no different when it comes to online abuse.”

She stressed these crimes must be reported so victims can get the support they need and perpetrators can be caught.

Judge Marrinan recalled that murdered Labour MP Jo Cox, who took a strong line against Brexit, was abused online before being stabbed and shot outside her constituency “surgery” in Birstall near Leeds, a week before the EU referendum.

“As far as Northern Ireland is concerned, any changes to the law on telecommunications is reserved for Westminster,” he explained.

“Online crime is so big and becoming so all embracing, special attention needs to be paid to it. The previous minister of justice had it in programme for government before Stormont collapsed. I am very hopeful that legislation can be passed before the end of this present Assembly.

“For example, one of the questions I have been specifically asked is if women will be added as a protected group.”

Presently, these are race, religion, sexual orientation and disability. Others that may also be considered are age-related and homelessness.

Commenting on hate crimes, Judge  Marrinan explained: “What is supposed to happen in Northern Ireland is that a judge is supposed to consider giving a longer sentence but returns were pitiful.”

Currently, there is no such thing in law as a hate crime in Northern Ireland.

Judge  Marrinan said he is “looking closely” at Scotland’s model of assault with an aggravating factor, for example, which then becomes a new offence .

“If found guilty of an aggravating factor, this means it does not just go on your record as assault.”

He added this has implications for offenders such as a longer sentence and for their future employment prospects.

Judge  Marrinan went on to say that just 20 per cent of “hate crime” victims come forward. Those who are more reluctant in particular, are those of crimes which have a homophobic motivation.  He suggested lack of anonymity if the case goes to court may be a factor.

The judge went on to talk about restorative justice.

“That is a process by which victims, with professional help, are encouraged in low level cases to link with offenders.”

The judge explained that young offenders under the age of 18 years who are involved with the Youth Justice Agency are encouraged to make amends to their victims.

“Restorative justice is trying to make amends not just by payment of money but by expression of genuine  sorrow.  It does work. It works in a lot of cases.”

Depending on the nature of the crime, he indicated that 60 per cent of victims are very keen” on restorative justice.

The Hate Crime Review consultation will remain open until April 30 as a result of coronavirus and following requests both from public bodies and individuals.

Michelle Weir, Local Democracy Reporter.