OFFENDERS could face tougher sentences for crimes motivated by prejudice under proposals for Jersey’s first dedicated hate-crime legislation.
The government has launched a 12-week consultation on plans that would also create offences of stirring up hatred against protected groups, alongside safeguards for freedom of expression.
Jersey currently relies on general criminal laws covering offences such as assault, harassment and criminal damage, without specific statutory recognition of hate-based motivation.
Under the proposals, courts could increase sentences where hostility towards a protected characteristic was proven.
There would be no fixed increase: judges would assess the seriousness of the offence and the influence of prejudice, and state their findings in open court.
The consultation proposes protecting characteristics including race, religion, sexual orientation, disability and gender reassignment, including non-binary identities.
Whether sex should be included remains open for discussion, with Islanders asked whether it should feature in enhanced sentencing, stirring-up offences, or both. Age, pregnancy and maternity are not proposed for inclusion.
Stirring-up offences could cover threatening or abusive words, actions or material intended, or likely in the circumstances, to incite hatred against a protected group.
However, the document stresses that a victim’s perception alone would not establish a hate crime: prosecutors would have to prove the relevant facts and hostility.
It also says legislation would not criminalise private beliefs, prevent criticism of religion or make every offensive comment an offence.
Police figures included in the consultation show 66 incidents were flagged as having racial hate connotations in 2025, compared with 44 in 2024. These figures include both crimes and non-criminal incidents.
Home Affairs Minister Helen Miles said: “Everyone deserves to feel safe in their community. This consultation is an opportunity for Islanders to help shape how Jersey responds to crimes motivated by hostility and prejudice.”
She added: “We are committed to ensuring any future legislation protects people from harm while safeguarding freedom of expression.”
The consultation acknowledges concerns about proving motivation, potential overreach and creating distinctions between victims, while arguing that hate crimes can spread fear beyond those directly targeted.
It builds on consultation work begun in 2019, after which hate-crime proposals were separated from public-order legislation.
Responses can be submitted in English, Polish or Portuguese until Tuesday 12 January 2027. A feedback report is scheduled for 26 February, before legislation is drafted.
Islanders can take part through the government’s online consultation page.
