In England and Wales, five strands of hate crime; race, religion, disability, sexual orientation and transgender identity are centrally monitored.
The UK Government has recently tabled an amendment to the Crime and Policing Bill which, if it is passed, will make disability and LGBT hate crimes aggravated offences. An aggravated offence in the UK is a criminal act that is regarded as more serious and therefore, carries a higher maximum penalty due to specific circumstances, motivations or other aggravating factors that increase the severity of the offence.
The Proposed Amendment
Currently, only hate crimes based on race and or religion carry higher maximum penalties, as they are classified as aggravated offences under Section 29-32 of the Crime and Disorder Act 1998. Hostility based on disability or LGBT status can only lead to a sentencing “uplift” on broader charges under the Sentencing Act 2020, albeit all 5 strands are currently referenced under this Act.
The amendment to the Crime and Policing Bill will mean that a crime is aggravated if the victim is targeted because they are a member of the LGBT community or have a disability, and this will carry a higher penalty.
The Bill is currently progressing through the House of Lords and aims to introduce measures to tackle crime and anti-social behaviour in England and Wales.
Responses to the Amendment
The amendment was initially put forward by Labour MP Rachel Taylor, who highlighted that 30,000 hate crime cases linked to disability, sexual orientation or transgender identity were recorded by the police between March 2024 and March 2025.
Numerous charities and organisations such as West London Equality Centre, Stonewall UK, National Hate Crime Awareness Week, Inclusion London and Disability Rights UK have spent multiple years campaigning for equal access to justice in relation to the other 3 hate crime strands (disability, sexual orientation and transgender identity).
The LGBT anti-abuse charity, Galop, views this change as a “landmark moment” and has stated that the timing of the amendment is appropriate, as the organisation has seen a rise of LGBT hate crime victims seeking support. The proposed amendment sends a message that there is no hierarchy of hate and is regarded as a step towards equality by individuals, communities and organisations.
How we can help you
Our team comprises of qualified legal professionals, caseworkers and volunteers who can help to provide accurate legal advice for any hate crime matter and escalate referrals to other organisations where appropriate depending on the support required. The hate crime team can be contacted at 020 8231 2550.
