Marginalised don't know what protections hate crime legislation provides, report says

The measures mean heavier sentences can be dished out to offenders if the actions were committed under 'specific aggravating circumstances or motivations'

Enacted on New Year’s Eve in 2024, the hate offences act created new, aggravated forms of certain existing criminal offences such as criminal damage, public order offences and offences against the person where it was motivated by hatred of a protected characteristic such as race or sexual orientation. File photo: PA

There is a “limited awareness” of hate crime legislation that came into force last year, and those from marginalised communities may not know what protections the new law provides, a Government report has highlighted.

In a post-enactment report on the Criminal Justice (Hate Offences) Act 2024, the Department of Justice said eight prosecutions came before the courts under this legislation through to the end of September 2025.

“[We are] satisfied the act is fulfilling the objective to legislate for hate crimes in Ireland for the first time, based on an aggravated offences model,” it said. “The department is aware that a small number of offences are currently before the courts.

“However, given the short timeframe since the corresponding offence codes went live on both (garda system) PULSE and the Courts Service Criminal Case Tracking System, the data presently available is an encouraging indication of the functionality of the legislation.” 

Enacted on New Year’s Eve in 2024, the hate offences act created new, aggravated forms of certain existing criminal offences such as criminal damage, public order offences and offences against the person where it was motivated by hatred of a protected characteristic such as race or sexual orientation.

Such measures mean that heavier sentences can be dished out to offenders if the actions were committed under “specific aggravating circumstances or motivations”.

The department said the passing of the legislation addressed a Programme for Government commitment to legislate for hate crime for the first time in Ireland.

However, provisions relating to hate speech were removed from the legislation amid a furore and a lack of agreement at Government level over its inclusion.

Hate crime data

As part of its review into the act’s operation, the Department of Justice asked for data from the Director of Public Prosecutions, the gardaí and the Courts Service on cases taken so far, but said the data could vary.

According to the DPP, four prosecutions have been recorded by its office since September 2025.

The Courts Service, meanwhile, said eight prosecutions came before the courts between April 23 and September 30 with five of these finalised in the district courts.

At the time when this information was compiled, four prosecutions had been concluded and one had been sent forward for trial to the circuit criminal court, it said.

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Meanwhile, An Garda Síochána said that by January 27 this year, 43 charges or summonses had been issued citing an offence aggravated by hatred under the act. A HQ directive has also been published with guides issued to members.

However, the department report also highlights feedback from the Coalition Against Hate Crime which has said it is concerned the implementation of the act has not kept pace with the legislation’s ambitions.

“Feedback from members indicates that young people and many from marginalised or minoritised communities do not know how to report hate crimes or what protections the law now provides,” it said.

“A perceived lack of a cross-sectoral mechanism to oversee the implementation of the Act or to facilitate ongoing dialogue between Government, statutory agencies, and civil society was flagged.”