Hara ngākau kino | Hate crime

  1. Hate crime
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  3. Online submission
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  5. Chapter 6 – Overview of reform options

Chapter 6 - Overview of reform options

There are three main legal models used to address hate crime overseas: 

  • the sentence aggravation model (currently used in Aotearoa New Zealand);
  • specific hate crime offences (recommended by the Royal Commission); and
  • the Scottish hybrid model, which combines aspects of the sentence aggravation model and specific hate crime offences.

If we decide there are problems with the current law, these could be addressed by:  

  • improving how the sentence aggravation model works, by making changes to the law or operational practice; or
  • adopting a different legal model.

New offences should only be created if there are good reasons and if they would achieve something the current law can’t. This means it might be preferable to address any problems with the current law by improving the sentence aggravation model. If there are problems that can’t be solved this way, a different legal model could be considered. We seek feedback on both these options in the next two pages of this submission form.   

We compare some key features of the three main legal models in the table below.

legal models for addressing hate crime

 

Sentence aggravation

Specific offences

Scottish hybrid model

Which offences are covered?

All
offences

Only
specified offences

All
offences

Which characteristics are protected?

Any
enduring common characteristic

Only
specified characteristics

 

Only
specified characteristics

 

Is hate motivation recorded as part of the
conviction?

No

Yes

Yes

Is there a higher maximum penalty for hate crime?

No

Yes

No

Where is this model currently used?

New
Zealand, Australia (New South Wales, Victoria, South Australia, Tasmania and
Northern Territory), England and Wales (alongside specific offences), Canada,
Northern Ireland

Australia
(Western Australia and Queensland), England and Wales (alongside sentence
aggravation)

Scotland

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