This report offers a critical appraisal of the ideas behind what we call ‘hate crime’ as well as the evidence for it. While crime motivated by hatred is to be condemned, as is all crime, we have ushered in a response to it that is corrosive.

• It is argued that we have entered into a new way of doing law, that sees thought as something to be punished where it leads to crime. This can be objected to on liberal principle.

• Hate crime legislation has been introduced in a piecemeal fashion. It can be traced back to legal attempts to stifle fascism, and to penalise the incitement to violence. However, it has changed its nature and now stands for the punishment of offensive ideas, as well as greater penalty for crimes committed against people with some characteristics but not all characteristics. It has thus introduced inequality before the law.

• The innovation in hate crime legislation can be traced to the 1997 Labour Party Manifesto, off the back of which was introduced racially and subsequently religiously aggravated offences. The consequence of this has been that more advocacy groups have lobbied for the inclusion of their own favoured characteristics.