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Sentences for homophobic assault

Section 146 of the Criminal Justice Act 2003 came into effect in April 2005, empowering courts to impose tougher sentences for offences motivated or aggravated by the victim's sexual orientation in England and Wales.

The Criminal Justice Act 2003 does not create an offence for homophobic assault as such. However, it ensures that where an assault involving or was motivated by hostility or prejudice based on disability or sexual orientation (actual or perceived) the judge is required to:

• treat this as an aggravating factor, and
• state in an open court any extra elements of the sentence that they are giving for the aggravation.

The Criminal Justice Act 2003 does not specify the amount by which sentences should be increased where disability or sexual orientation are aggravating factors. This will be specified in further secondary legislation.

Witness Support

Being a witness can be a worrying experience all those involved in tackling crime understand this and will support you. Remember you play a vital role in ensuring that justice is done. Click here to go to a Witness Virtual Walkthrough.

It is a criminal offence to intimidate (frighten) a witness, and it is the responsibility of the Crown Prosecution Service to ensure the witness's safety. If you are worried about meeting the defendant, a witness, anyone else involved in the trial, or a friend or relative of any of these people, tell the police or the lawyer who has called you as a witness. You should then be able to wait in a separate room before and during the trial.

Giving your address in open court

The Statement of National Standards of Witness Care in the Criminal Justice System states that unless it is necessary for the evidence, witnesses should not have to give their addresses in open court. The Criminal Justice System has recognised that LGBT people may be frightened that giving their address out might lead to reprisals. The Crown Prosecution Service staff should be able to reassure you about this.

The Criminal Justice System have also recognised that there may be issues around the way in which LGBT people are required to give evidence and so the courts have a new power to make directions to the media restricting the reporting of the identities of vulnerable witnesses. An application has to be made to the court by the witness' lawyer and the court has to decide on the witness' eligibility for protection and whether a reporting restriction would improve the quality of that witness' evidence or their co-operation in giving evidence.

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