New law elevates anti-LGBTQ+ hate crime to 'Aggravated Offence' status

The Crime and Policing Act has received Royal Assent, introducing a major change to hate crime law by classifying anti-LGBTQ+ hate crime as an aggravated offence. The reform, secured after sustained collaboration between LGBTQ+ organisations, parliamentarians and government, brings penalties for anti-LGBTQ+ hate crime into line with those for hate offences motivated by race and religion, and extends the time LGBTQ+ victims have to seek criminal justice.

The expansion of aggravated offences to cover all characteristics in hate crime legislation was first recommended by the Law Commission in 2021 and later adopted as a commitment in the Labour Party’s 2024 manifesto, Stonewall reports.

The change comes amid a sharp rise in reported hate incidents targeting LGBTQ+ people. Over the past five years, police-recorded hate crime based on sexual orientation has risen by 20%, while incidents related to trans identity have increased by 50%. Galop, the UK’s LGBT+ anti-abuse charity, reported a 27% rise in hate crime calls to its National LGBT+ Abuse and Violence Helpline in the last reporting year.

Previously, hate crimes against LGBTQ+ people were subject to a six-month statutory time limit for reporting, investigation, and referral to the Crown Prosecution Service. This deadline has frequently prevented survivors from accessing justice, especially where safety concerns or trauma delayed reporting.

Galop highlights cases such as Joanne* and Mark* to illustrate the impact. For more than eight months, Joanne endured persistent transphobic abuse from a neighbour, including verbal attacks and repeated damage to her property. Living alone and fearing retaliation, she delayed reporting while she gathered evidence and secured safer housing. Once she had moved, police informed her that no action could be taken because the six-month limit had expired.

After curating an LGBTQ+ photography exhibition, Mark was subjected to sustained homophobic abuse online by an acquaintance. The harassment seriously affected his mental health and led him to seek medical treatment. When he felt well enough, he reported the abuse to the police, but investigative delays meant that the case ran beyond the six‑month deadline and was dropped, causing a further decline in his mental health.

Although anti-LGBTQ+ hate crime has long been recognised in law, offences motivated by race or religion have historically attracted higher maximum penalties due to their aggravated status. Under the new legislation, anti-LGBTQ+ hate crimes will now be treated as more serious offences by the courts, with stronger sentences and more time for victims to pursue justice. The reforms will also extend these protections to disabled people, remove the six-month time limit for investigations, and clarify that all victims of hate crime are to be treated equally, regardless of identity. In addition, the law introduces a new ‘sex’ category into hate crime legislation.

Simone Blake OBE, Chief Executive of Stonewall, welcomed the development:
“I am delighted that our campaign to equalise the punishment for anti-LGBTQ+ hate crime has been successful, a significant step forward for LGBTQ+ rights. In recent years, rising levels of hate crime against LGBTQ+ communities have been deeply concerning. Everyone deserves to feel safe to be themselves, without fear of harm."