Question to the Home Office:

To ask the Secretary of State for the Home Department, what assessment she has made of the effectiveness of current processes for handling incidents involving harassment, alarm or distress motivated by homophobia where relevant evidence cannot be admitted or relied upon in court; and what steps she is taking to ensure that such cases are still appropriately investigated and that victims receive adequate protection and support.

On the 14th February, the government tabled an amendment to the Crime and Policing Bill to extend existing aggravated offences under the Crime and Disorder Act 1998 to ensure equal protection across the protected characteristics of race, religion, sexual orientation, disability, transgender identity and sex.

The police are operationally independent and responsible for investigating alleged offences, working closely with the Crown Prosecution Service to build cases that meet the evidential and public interest tests. A range of offences may apply depending on the circumstances, including under the Public Order Act 1986 and the Protection from Harassment Act 1997, and where hostility based on sexual orientation is proven, courts may apply statutory sentencing uplifts.

Where particular evidence cannot be admitted or relied upon in court, the police are expected to pursue all reasonable lines of enquiry using admissible material, and to seek early investigative advice from the Crown Prosecution Service where appropriate. Where the evidential threshold for a charge is not met, the police can still take steps to protect victims, including the use of bail conditions and other protective measures where the relevant legal tests are satisfied.

Victims of hate crime are entitled to support under the Victims’ Code, including being kept informed of progress and signposted to appropriate services. The Government continues to fund local and national victim support services and works closely with policing partners, the Crown Prosecution Service and the College of Policing to promote consistent, evidence-led responses to hate-motivated incidents so that victims are protected and offenders are brought to justice wherever possible.