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 | Only | All |
Which characteristics are protected? | Any | Only
| Only
|
Is hate motivation recorded as part of the | No | Yes | Yes |
Is there a higher maximum penalty for hate crime? | No | Yes | No |
Where is this model currently used? | New | Australia | Scotland |