Hate Crimes - a new category of offending
“Hate Crimes”- New category of offending now in Ireland
Legislation regarding “Hate Crimes” is now in force since 31st December 2024, with the introduction of the Criminal Justice (Hate Offences) Act 2024.
The new Act provides for new a category of offending which may be defined as offences “aggravated by hatred”.
Although it is a new Act, it may be viewed as a supplementary Act or an amendment to various Acts, most noteworthy are the below:
- Criminal Damage Act 1991
- Criminal Justice (Public Order) Act 1994
- Non- Fatal Offences against the Person Act 1997
Essentially a new category of offending has occurred in circumstances where an offence occurs and is deemed to be aggravated by hatred. The significance of this is potentially greater sentences given for an offence committed which is deemed to be aggravated by hatred.
For example, if an assault can be proven to have been aggravated by hatred and if the accused is convicted of said offence, a greater penalty/ sentence will be imposed than if the accused was convicted of standard assault under the Non- Fatal Offences against the Person Act 1997.
The rationale for the introduction of this Act is to protect categories of people, who are deemed to be targeted because of certain characteristics, such as the below:
- Race
- Colour
- Nationality
- Religion
- Nationality/ Ethnic Origin/ Descent
- Disability
- Gender
- Sexual Characteristics
- Sexual Orientation
Therefore, from viewing the above, we can determine that if an offence covered in this act is committed and can be shown to have been:
1. Aggravated by Hatred; and
2. Has been committed against a person who belongs to one or more of the above groups
Then one can be deemed to have committed a “Hate Crime” and increased penalties may arise as a result.
The below are some of the potentially more common offences which may arise from this new Act:
Offences Aggravated by Hatred
- Criminal Damage Act 1991- S.2 (Criminal Damage) -Damaging Property aggravated by hatred.
- Criminal Justice (Public Order) Act 1994- S.6- (Threatening/ Abusive Behaviour)- Threatening or Abusive Behaviour aggravated by hatred.
- Non-Fatal Offences against the Person Act 1997- S.2 (Assault)- Assault aggravated by hatred.
If you have been accused of an offence which may be categorised as a “Hate Crime” as defined above and wish to speak with a criminal defence solicitor, you should contact our office immediately and we will advise you in more detail.
Here at Michael J Staines & Company we can advise you fully regarding this emerging area of Irish Law and one of our specialised solicitors will be happy to speak with you regarding this topic.
Oscar Banahan
Solicitor
Michael J Staines and Company