There are three categories of hate crime in legislation:
incitement to hatred offences on the grounds of race, religion or sexual
orientation
specific racially and religiously motivated criminal offences (such as common
assault)
provisions for enhanced sentencing where a crime is motivated by race,
religion, sexual orientation, disability or transgender identity5
Violence against women is not currently included under UK law. Although specific
police forces may treat it as such, this is not consistent across the UK.
Antisemitism and anti-Muslim hate incidents
Antisemitism and anti-Muslim hate incidents fall within the government definition of
hate crime (as above). However, bodies such as the Community Security Trust and
Tell MAMA, which record incidents of antisemitism and anti-Muslim hate crime
respectively, use different definitions. Explanatory footnotes are used in this report
where the data being referenced is based on a different definition to the government’s
hate crime definition.
LEGAL TERMINOLOGY
Criminal law and civil law
‘Criminal law’ refers to conduct which attracts punishment by the state. ‘Civil law’
refers to the legal relationships between individuals and entities formed in everyday
life, such as contract and employment. In criminal proceedings the defendant is
charged with a criminal offence, prosecuted and may be convicted. In civil
proceedings the claimant sues, or brings an action against, the defendant for a
remedy.
Standard of proof
The level of proof required for a criminal conviction is ‘beyond reasonable doubt’.
Guilt of a criminal offence can only be determined by a court of law. This is a higher
standard than in civil cases where the standard of proof is ‘on the balance of
probabilities’ which can also be thought of as ‘more likely than not’.
Complainant
An individual who has reported a criminal offence against them to the police.
Defendant
This is a legal term indicating an individual who has been charged with a criminal
offence or has civil proceedings brought against them.
5
Ibid.
11