Hate Crime: Charging allegations of Hate Crime - Prosecution Guidance
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance outlines the prosecution process for hate crimes, emphasizing the importance of swift and efficient decision-making. It addresses the evidential and public interest tests necessary for prosecution while ensuring the confidence of affected communities in the justice system. Key points include the handling of evidence, the imposition of bail conditions, and the serious nature of racially or religiously aggravated offenses.
Key points
- Swift decision-making in hate crime prosecutions is essential.
- Prosecutors must focus on core evidence for charging decisions.
- Consultation with police is crucial for resolving outstanding information.
- Prosecutions should proceed where evidential tests are met.
- Bail conditions may be imposed to prevent further offenses.
- Racially aggravated offenses are treated more seriously in court.
- Criminal Behaviour Orders can be sought upon conviction.
- Confidence in reporting hate crimes is essential for community trust.
- A public interest in prosecution exists when evidential tests are satisfied.
- Evidential requirements can be met with victim accounts in certain scenarios.
Public-interest factors
- Strong public interest in prosecuting hate crimes.
- Expectation of prosecution when evidential tests are met.
- Importance of community confidence in the justice system.
- Impact of hate crimes on local communities.
- Reinforcing societal standards against hate.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.