Guidance for schools

What is a hate crime?

A hate crime is defined as 'Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on:

• a person's race or perceived race
• religion or perceived religion
• sexual orientation or perceived sexual orientation
• disability or perceived disability
• transgender or perceived to be transgender

For a there to be a hate crime there must first be a crime, followed or proceeded by an element of hate (this can be verbal or non-verbal). Below are examples of a hate crime:

Example 1: Graffiti of a swastika found scratched on a table/locker.

Example 2: One person pushes another over, and shouts "take that you batty boy"

Example 3: One person takes another person's book and says "you don't need this, you can't even read you spakka"

At first these examples may appear minor or trivial. However, each one would meet the threshold to contact the Police. All three examples are types of crime (criminal damage, assault, theft) and are coupled with a hate element (antisemitic, homophobic, disability-based hate). It is important for Police to be aware of crimes such as the above to support victims of hate, and to educate those displaying hateful behaviours.

Often victims only summon the courage to report through frustration of the same incident occurring multiple times (the last straw so to speak). As teachers, it may be the first time a student reports an incident to you, but the likelihood is that that individual has suffered similar incidents over a period of time, and they are now at their last straw. In addition, it is important to teach our younger communities that hateful language, actions or behaviour are unacceptable.

It is important to prevent these behaviours escalating and, at the earliest opportunity, divert the young person from entering the CJS. It may seem counterintuitive to contact the Police to prevent a child from entering the CJS, but the Police alongside the YJS and Courts have measures in place to support young offenders which are specifically designed to foster improved behaviours both inside and outside of school.

What is a hate incident?

A hate incident is any incident which the victim, or anyone else, thinks is based on someone's prejudice towards them because of their race, religion, sexual orientation, disability or because they are transgender.

Simply put, a hate incident is an event which does not meet the threshold of a crime but which the victim or anyone else thinks is based on someone's prejudice.

Example 1: One person in a WhatsApp group posts a photo of a monkey. Another member of the WhatsApp group takes offence believing this to be aimed at their race.

Example 2: Person A talks about Person B in class. Person B identifies as a male and is beginning their transitioning journey. Person A has known Person B for several years, since Primary School and calls Person B a 'she' on one occasion. Person B explains that they would like to be referred to as 'he/him' in future. Person A apologises and does this.

Example 3: Someone refuses to participate in Chanukah festivities organised by the school, as their family is from Palestine and believe that Jews are to blame for the war in Gaza. They audibly say so in front of other members of the school, some of whom are Jewish.

Whilst the above examples demonstrate prejudice, and perhaps even hate, they do not meet the criminal threshold for hate crime. However, this does not mean that future criminality could not occur. In example 1, should that individual continue to persistently post images and target that named individual this would then fall into harassment and hate crime.

Hate incidents are treated similarly to crimes in that the victims are contacted, support offered and their wishes considered. However no criminal outcomes are attached to them. i.e. no charges against individuals. Instead, with hate incidents there may be opportunity to receive inputs from Community Engagement Teams to receive educational inputs to school year groups and provide a safe learning environment to better understand how language and actions can have an impact on people.

Hate crime and hate incidents thresholds

The age of criminal responsibility in England and Wales is 10 years old. This means that children under 10 cannot be arrested or charged with a crime, but by reporting these incidents, the police and the council will be able to offer support to schools and monitor the frequency of hate crimes and hate incidents across Gateshead to better understand what is happening. When dealing with an individual under the age of 10 who've committed a crime, the Youth Justice Service (YJS) and Police look favourably on diversionary and support schemes to educate and prevent future offences being committed.

Children between 10 and 17 can be arrested and taken to court if they commit a crime. The aim of the YOS and YJS is not to criminalise children, so again look more favourably on diversionary and support schemes to deter criminality and prevent young people from entering the Criminal Justice System (CJS). However, each case must be taken on its own merits and if in doubt, schools should contact the Police.

The criminal justice system treats children and young people differently from adults and the age of the suspect will be taken into consideration when making outcome/disposal decisions by the Police, Youth Offending Service (YOS) and Courts.

All hate crimes and hate incidents should be reported to the Police, regardless of age. The police will look at each case and make a decision as to whether a crime has been committed. The information given when reporting will also help us to understand where additional support is needed.