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CPS launches public consultation on new hate crime guidance to cover social media abuse (11 October 2016)

Date: 11/10/2016
Duncan Lewis, Crime Solicitors, CPS launches public consultation on new hate crime guidance to cover social media abuse

The Crown Prosecution Service (CPS) has issued guidance on the range of offences for which social media users could face prosecution.

The guidance, published on Monday (10/10/16) will be used to inform decisions on whether criminal charges should be pursued for online activities, including targeting disabled people for abuse – or for racial and religious and homophobic and transphobic hate crime.

Released during Hate Crime Awareness Week, the guidance has been updated to help prosecutors identify and effectively prosecute hate crime on social media.

The launch of CPS Public Policy Statements on Hate Crime will now be put to a public consultation.

The new social media guidelines for prosecutors make clear that those who encourage others to participate in online harassment campaigns – known as virtual mobbing – can face charges of encouraging an offence under the Serious Crime Act 2007.

Examples of potentially criminal behaviour include making available personal information such as a home address or bank details – a practice known as doxxing – or creating a derogatory hashtag to encourage harassment of victims.

The social media guidance – which is informed by a public consultation and signed off by the Director of Public Prosecutions (DPP), Alison Saunders – also includes new sections on Violence against Women and Girls (VaWG), Hate Crime and vulnerable victims.

The DPP Alison Saunders said:

“Social media can be used to educate, entertain and enlighten – but there are also people who use it to bully, intimidate and harass.

“Ignorance is not a defence and perceived anonymity is not an escape – those who commit these acts or encourage others to do the same can and will be prosecuted.”

The new guidance also alerts prosecutors to cyber-enabled VaWG and hate crime offences, including “baiting” – the practice of humiliating a person online by labelling them as sexually promiscuous or posting “photoshopped” images of people on social media platforms.

The guidance provides information for prosecutors considering cases of sexting involving images of those under 18 year olds. It advises that it would not usually be in the public interest to prosecute the consensual sharing of an image between two children of a similar age in a relationship.

A prosecution may be appropriate in other scenarios, however – such as those involving exploitation, grooming or bullying.

Alison Saunders added:

“This month marks the 30th anniversary of the CPS and this latest guidance shows how much the nature of our prosecutions has changed in that time.

“We are constantly working to ensure that our guidance stays relevant to modern crime – and consultations are a crucial part of that process.

“We welcome the comments and opinions of communities and those affected by hate crimes to help us inform the way we deal with such cases in the future.

“Our latest Hate Crime Report showed that in 2015-2016, more hate crime prosecutions were completed than ever before – more than four in five prosecuted hate crimes result in a conviction, with over 73 per cent guilty pleas, which is good news for victims.

“We have undertaken considerable steps to improve our prosecution of hate crime and we are committed to sustaining these efforts.”

The consultations on the CPS policy statements on Hate Crime can be found in the consultations section of the CPS website, launching on 10 October 2016 and remaining open for 13 weeks.

Duncan Lewis Crime Lawyers

Duncan Lewis crime lawyers can advise at any stage of a charge involving hate crimes or social media harassment.

There are Duncan Lewis offices across England and Wales – and a Duncan Lewis solicitor can usually reach a police station within an hour for interview under caution.

Duncan Lewis criminal defence lawyers have extensive experience of dealing with cases involving young offenders.

For expert legal advice on charges involving hate crimes, call Duncan Lewis crime lawyers on 0333 772 0409.

For 24/7 help at a police station, call the Duncan Lewis Solicitors 24-Hour Emergency Helpline on 0333 772 0409.



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