CHANGING THE CULTURE | Page 12

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