Hostility crime and the Law Commission

May 4, 2021

The Law Commission intends to report later this year with proposals in relation to what are, incorrectly, called ‘hate crimes’. This follows a consultation which closed on Christmas Eve 2020. This paper argues that the consultation was flawed and there are reasonable grounds to conclude that it breached the Cabinet Office Consultation Principles 2018. In addition, analysis of the consultation’s failings raises issues concerning the role of the Law Commission in the process of general policy-formation, as opposed to technical law reform.

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