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| Courts 'let down' disabled people | |
| (about 1 hour later) | |
| The Director of Public Prosecutions (DPP) has criticised the failure of the criminal justice system to tackle hate crimes against disabled people. | The Director of Public Prosecutions (DPP) has criticised the failure of the criminal justice system to tackle hate crimes against disabled people. |
| Sir Ken Macdonald wants police and prosecutors to give courts "all the facts" so crimes against disabled people are punished properly. | |
| He said many disabled people lived in fear because they were perceived by criminals as easy targets. | He said many disabled people lived in fear because they were perceived by criminals as easy targets. |
| Disability groups have welcomed Sir Ken's remarks as "encouraging." | Disability groups have welcomed Sir Ken's remarks as "encouraging." |
| Sir Ken said that all institutions involved in criminal justice, including the Crown Prosecution Service which he heads, shared responsibility for the treatment of the disabled. | Sir Ken said that all institutions involved in criminal justice, including the Crown Prosecution Service which he heads, shared responsibility for the treatment of the disabled. |
| 'Scar on the conscience' | 'Scar on the conscience' |
| "This is a scar on the conscience of criminal justice," he told an audience of lawyers and equality experts at an event in London. | "This is a scar on the conscience of criminal justice," he told an audience of lawyers and equality experts at an event in London. |
| The 2003 Criminal Justice Act contains provisions for harsher sentences to be handed down where hostility towards a person's disability can be proved. | The 2003 Criminal Justice Act contains provisions for harsher sentences to be handed down where hostility towards a person's disability can be proved. |
| We hope Sir Ken's speech will act as a catalyst for this type of crime to be handled more effectively Alice Maynard, Scope | We hope Sir Ken's speech will act as a catalyst for this type of crime to be handled more effectively Alice Maynard, Scope |
| But a BBC investigation earlier this year revealed that the provision had hardly been used. | But a BBC investigation earlier this year revealed that the provision had hardly been used. |
| One of the problems it identified was that in many cases the police and the Crown Prosecution Service (CPS) often placed too much emphasis on a person's vulnerability rather than their disability - something with which the DPP seems to agree. | One of the problems it identified was that in many cases the police and the Crown Prosecution Service (CPS) often placed too much emphasis on a person's vulnerability rather than their disability - something with which the DPP seems to agree. |
| "A mistaken focus on vulnerability risks enhancing an already negative image of disabled people as inherently weak, easy targets and dependent," Sir Ken said. | "A mistaken focus on vulnerability risks enhancing an already negative image of disabled people as inherently weak, easy targets and dependent," Sir Ken said. |
| "This approach is wrong: it means that the opportunity to condemn the prejudice of the offender is missed." | "This approach is wrong: it means that the opportunity to condemn the prejudice of the offender is missed." |
| Hate crimes | Hate crimes |
| Prosecutors employed by CPS, and any lawyers instructed by it, would now have to avoid this approach, according to Sir Ken. | Prosecutors employed by CPS, and any lawyers instructed by it, would now have to avoid this approach, according to Sir Ken. |
| He is concerned that the problem is widespread but that a lot of hate crimes are not being picked up. | He is concerned that the problem is widespread but that a lot of hate crimes are not being picked up. |
| And more serious offences are not being prosecuted as they should be, he thinks. | And more serious offences are not being prosecuted as they should be, he thinks. |
| One of the problems of bringing a successful prosecution is establishing the motivation behind the offence. | One of the problems of bringing a successful prosecution is establishing the motivation behind the offence. |
| But the DPP said that it was not always necessary for hostility to be expressed openly. | But the DPP said that it was not always necessary for hostility to be expressed openly. |
| "Each apparently minor incident of name calling and harassment on the street may see relatively unimportant but, taken together, a pattern of hostility could be traced." | "Each apparently minor incident of name calling and harassment on the street may see relatively unimportant but, taken together, a pattern of hostility could be traced." |
| History of offences | History of offences |
| He said disability hate crime prosecutions could be based on a history of targeting disabled people, repeat victimisation and evidence from other witnesses of a perpetrator's prejudicial attitudes. | He said disability hate crime prosecutions could be based on a history of targeting disabled people, repeat victimisation and evidence from other witnesses of a perpetrator's prejudicial attitudes. |
| The CPS says it will continue to work with disability groups to combat hate crime. | The CPS says it will continue to work with disability groups to combat hate crime. |
| The DPP's focus on disability hate crime has been welcomed by disability groups which have been campaigning for the issue to be taken more seriously. | The DPP's focus on disability hate crime has been welcomed by disability groups which have been campaigning for the issue to be taken more seriously. |
| Alice Maynard who chairs pan-disability charity, Scope, said Sir Ken's speech marked "a very encouraging development and sends out a clear message that disabled people should have access to justice in the same way as non-disabled people". | Alice Maynard who chairs pan-disability charity, Scope, said Sir Ken's speech marked "a very encouraging development and sends out a clear message that disabled people should have access to justice in the same way as non-disabled people". |
| "We look forward to working with the Crown Prosecution Service on disability hate crime. We hope Sir Ken's speech will act as a catalyst for this type of crime to be handled more effectively by the criminal justice system in future and prosecuted and punished for what it is." | "We look forward to working with the Crown Prosecution Service on disability hate crime. We hope Sir Ken's speech will act as a catalyst for this type of crime to be handled more effectively by the criminal justice system in future and prosecuted and punished for what it is." |