UK Government moves to make LGBTQ+ hate crime an aggravated offence under new law

The UK Government has tabled an amendment to the Crime and Policing Bill that would make hate crimes against LGBTQ+ people aggravated offences under the law.

The proposed change would amend the Crime and Disorder Act 1998. It would extend aggravated offences, which currently apply to race and religion, to include sexual orientation, transgender identity, disability and sex. 

Aggravated offences carry stronger penalties than standard versions of the same crimes. Courts can treat the offence as more serious if hostility towards a protected characteristic is proven. 

“This is a major step in the journey of LGBTQ+ equality” – Stonewall CEO Simon Blake on the proposed change

At present, anti-LGBTQ+ hate crime is recognised by the courts through sentencing rules. However, racially or religiously aggravated offences have separate legal categories with higher maximum penalties. The amendment would align LGBTQ+ protections with that existing framework. 

The proposal follows recommendations from the Law Commission’s 2021 review of hate crime legislation. The Government has said the amendment delivers on a manifesto commitment to extend aggravated offences to LGBTQ+ people and disabled people. 

Stonewall CEO Simon Blake said: “This is a major step in the journey of LGBTQ+ equality. Putting hate crime against LGBTQ+ people on the same footing as religious and racial hate crime has always been the right thing to do.” 

Blake added that Stonewall would continue working with ministers and parliamentarians as the Bill moves through Parliament. 

The amendment must still complete its parliamentary stages before becoming law

The amendment also follows earlier proposals linked to Labour MP Rachel Taylor, who had tabled a similar change during earlier stages of the Bill before the Government introduced its own version. 

According to Government documents, the new clause would extend aggravated versions of offences such as assault, criminal damage and public order offences when hostility is linked to sexual orientation, transgender identity, disability or sex. 

The Crime and Policing Bill covers a wide range of criminal justice measures, including public order, violence prevention and policing powers. 

The amendment must still complete its parliamentary stages before becoming law. If approved, it would change how certain hate crimes are charged and sentenced in England and Wales.