Home secretary delays implementation of ‘long-overdue’ measure on disability hate crime

The home secretary has been asked why she is delaying the implementation of a “long overdue reform” that would take an “important step” towards equality for disabled victims of hate crime.

The change to the law on aggravated offences was part of the government’s Crime and Policing Act 2026, which received royal assent in April.

But the change will only be introduced when section 145 of the act is “commenced”, and regulations are laid by the government.

Regulations have been laid for many other parts of the act – with some of them coming into force last month and others due to be implemented this month – but the same has not been done with section 145.

Under section 145, standalone “aggravated offences” will apply to disability hate crime, and to hate crime motivated by sexual orientation, transgender identity, and sex.

This means an offender could be charged with an offence – such as assault, harassment, stalking or criminal damage – that is aggravated by hostility towards a disabled person, and they would then face a tougher sentence if convicted.

At present, aggravated offences only apply to racial and religious hostility, and a disability hate crime can only be addressed by a court during sentencing, where the sentence can be increased if prosecutors can prove an offence was motivated by disability-related hostility.

Inclusion London, which has been campaigning for justice for disabled victims of hate crime since 2016, wrote to home secretary Shabana Mahmood in August to ask her to explain the delay, but has yet to receive a reply.

In the letter, Inclusion London’s senior policy officer on disabled people and crime, Louise Holden, said the reform was “long-overdue” and “an important step towards parity for Disabled victims of hate crime”.

They said: “This reform matters because the current framework sends the wrong message.

“When disability hate crime is treated differently from racially or religiously aggravated offending, it risks reinforcing the perception that hostility towards Disabled people is less serious.

“Disabled victims already face significant barriers to reporting, being believed and securing justice. The law must not add to those barriers.

“Commencing section 145 would be a clear statement that disability hostility is unacceptable, that Disabled victims deserve equal protection under the law, and that the Government is committed to delivering on the promise of hate crime law reform.”

The Home Office told Disability News Service (DNS) this week that it remained committed to the measures in the Crime and Policing Act and was continuing to work across government to agree an implementation timetable.

A Home Office spokesperson said: “Commencement of new offences must take account of the wider criminal justice system so police, courts, prisons and probation have the necessary processes, capacity and resources in place to implement them safely and consistently.”

The aggravated offences change was one of several recommended by the Law Commission in December 2021 that would strengthen disability hate crime laws.

It also called for existing offences of stirring up hatred, which only apply to race and religion, to be extended to disabled and LGBTQ+ victims.

And the Law Commission said an offender should be found guilty of a disability hate crime offence if they had been “motivated” by “hostility or prejudice” towards disabled people, rather than – at present – only by hostility.

The Home Office told DNS last year that it would be considering these two further recommendations.

Picture: The Home Office in central London