NI: Review backs move to Scottish model of hate crime prosecutions

NI: Review backs move to Scottish model of hate crime prosecutions

Northern Ireland should overhaul its hate crime laws to adopt a statutory aggravation model similar to that in Scotland, a major judge-led review has concluded.

Judge Desmond Marrinan was appointed last summer to carry out the independent review, which was first promised in 2017 following calls from the criminal justice watchdog.

Writing in his final report, Judge Marrinan said he had not been given any assurance that the enhanced sentencing model used in Northern Ireland is “working any better now or is capable of being reformed”.

Among his 34 recommendations is that statutory aggravations should be added to all existing offences in Northern Ireland following the model adopted in Scotland and become the core method of prosecuting hate crimes in Northern Ireland.

Gender, age and variations in sex characteristics should be included as protected characteristics, he added, and gender should be understood to include transgender identity as it is in Scotland and in England and Wales.

Judge Marrinan endorsed the findings of the Scottish government’s working group on defining sectarianism in Scots law, which produced its final report in November 2018. He said its findings “should be applied in Northern Ireland”.

He also endorsed the “novel approach” proposed by the Law Commission in England and Wales whereby a hate crime experienced on more than one characteristic, giving the example of someone who is both disabled and gay, can be prosecuted as “hostility based on ‘one or more characteristics’”.

“Thus, the characteristics could be specified in the charge or count on the indictment, but conviction would only require the jury to be satisfied that at least one had been met on the evidence given by the prosecution,” he explained.

Judge Marrinan’s report goes on to recommend that all hate crime and hate speech law, including public order legislation, should be consolidated into a new Hate Crime and Public Order (Northern Ireland) Bill.

It also backs the creation of a hate crime commissioner for Northern Ireland, or alternative a joint hate crime and domestic abuse commissioner, alongside the legislative reforms.

Commenting on the report, Justice Minister Naomi Long said: “Judge Marrinan has undertaken a thorough review of our hate crime legislation. I know that he has consulted widely with a range of experts, academics, interested individuals and groups, not only across Northern Ireland, but further afield as well.

“The recommendations in his final report are complex and wide-ranging and people may hold contrasting views on some of them. That is why I want to take some time to give them careful consideration.

“It is important that we build on the opportunity this provides for us to move towards strengthening and updating hate crime legislation in Northern Ireland.

“Hate crime in any form is unacceptable and addressing it is one of my priorities. 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.

“I want to thank Judge Marrinan for his work on reviewing hate crime legislation and for producing a comprehensive final report.”

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