Homophobic, Biphobic and Transphobic 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 It may omit detail or fall out of date.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 prosecution guidance outlines the factors to consider for reviewing and prosecuting offences classified as homophobic, biphobic, or transphobic hate crime. It emphasizes the importance of identifying and flagging such crimes for early consultation and highlights the legislative context within which these crimes are prosecuted. Additionally, it provides detailed procedures for case building, victim support, and the appropriate conduct during prosecutions involving these hate crimes.
Key points
- Guidance on factors to consider for prosecuting hate crimes against LGBT individuals.
- Prosecutors must consult relevant guidance when reviewing cases involving sexual orientation and gender identity.
- Early consultation with prosecutors is required for hate crime case referrals.
- All applicable cases should be flagged for support and monitoring.
- Hostility based on sexual orientation must be clearly demonstrated for enhanced sentencing.
Public-interest factors
- Protection of vulnerable victims
- Encouragement of community confidence in reporting
- Deterrence of hate crime
- Promotion of equality and respect for all individuals
- Upholding the rule of law
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.