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Jersey hate crime law consultation launches after years of delay

A quiet street in St Helier, Jersey, on an overcast autumn morning.

In brief: Equality charity Liberate is calling for hate crime legislation in Jersey to be progressed “as a matter of urgency”, saying it would act as a deterrent. Home Affairs Minister Helen Miles has confirmed a public consultation is due to launch this month, with draft legislation targeted for the States Assembly before the end of next year. Police data shows 44 racially-motivated hate crime incidents were reported in Jersey last year.

Years in the Pipeline, Still No Law

Jersey has no specific hate crime legislation. That is not a new observation: Deputy Louise Doublet told the Jersey Evening Post that she first scrutinised this area in 2021, two political terms ago, when commitments were given by then Home Affairs Minister Len Norman to progress the matter and ensure it covered gender-based hate crimes. Those commitments, it is fair to say, have aged rather slowly.

Now, responding to a written question from Deputy Doublet, Home Affairs Minister Senator Helen Miles has confirmed that a consultation is due to launch this month. The consultation, Senator Miles explained, “will consider whether specific hate crime legislation is indeed required, which characteristics should be protected, and whether any measures would be proportionate and workable in Jersey.” Draft legislation is targeted for the States Assembly before the end of next year.

Deputy Doublet welcomed the update but made her impatience clear. “I do understand the reasons for some of the delay,” she told the JEP, “but the public have already been consulted on this and we need to get on and draft the legislation.” She also stressed that legislation “isn’t just about punitive measures,” adding: “It represents what we think is important culturally.”

Liberate Pushes for Action

Liberate, the Island’s equality and diversity charity, has been advocating for hate crime legislation for several years. Chief executive Kaye Nicholson said the charity was “encouraged” by Senator Miles’ commitment to a timely process, but was equally direct about the need for speed. “It is important that this is now progressed as a matter of urgency, given it has been in the pipeline for many years with very little progress,” she said.

Ms Nicholson described hate crime as something experienced by a wide range of people in Jersey’s community, citing LGBTQ+ individuals, those targeted on the basis of race and ethnicity, religion and belief, and disability. She also pointed to what she called “a significant level of underreporting of hate crimes in general,” suggesting this may be partly due to the absence of dedicated legislation.

Police data released under the Freedom of Information Law recorded 44 racially-motivated hate crime incidents in Jersey last year. Ms Nicholson said Liberate continues to liaise with the States of Jersey Police on raising awareness of how to report such incidents, and strongly encouraged anyone who experiences one to do so.

On the potential effect of a dedicated law, Ms Nicholson was clear: it “would act as a deterrent to this type of behaviour” and “send a clear message that Jersey protects the people it recognises are more vulnerable to targeted crime and abuse.” She was equally clear, however, that legislation alone would not be sufficient. “Societal change, whereby our community takes responsibility to condemn this type of behaviour and stand against division, prejudice and discrimination, is the other crucial factor,” she said.

What Comes Next

The consultation process will need to resolve some genuinely complex questions: which characteristics should attract legal protection, and whether any measures would be proportionate and workable in a small island jurisdiction. Deputy Doublet has also called for the legislation to be accompanied by “robust training for front line services, and education measures,” reflecting a broader view that the law is a starting point rather than a complete solution.

With a consultation opening this month and a States Assembly deadline of the end of 2027, the timeline is at least now on paper. Whether it holds is another matter, given the history of this particular issue.

Source: Jersey Evening Post

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