Jersey won’t be getting its long-awaited new hate crime law until after the next election after the government made a “difficult” decision not to prioritise it, it has been confirmed – just days after the island was rocked by graffiti containing racist and homophobic language.
Following questions from Express, Home Affairs Minister Mary Le Hegarat said that the current government does not have “sufficient time or resources” to complete the work – despite it being in the pipeline for more than half-a-decade.
Instead, the new law will be for the next States Assembly to take forward.
Her comments come after a series of swastikas and homophobic slurs were graffitied across various public spaces in St Helier last week, leading to the arrests of two men.
The graffiti was condemned by politicians, members of the Jewish community and the leader of equality and diversity charity Liberate, Kaye Nicholson – chief executive of LGBTQ+ charity Liberate, and prompted fresh calls for a dedicated law.
Gaps in protection
Campaigners have long called for a hate crime law to bring legislation into line with the UK, warning that the lack of legal recognition leaves gaps in protection and discourages victims from coming forward.
Unlike in England and Wales, where offences motivated by hostility based on someone’s identity can result in harsher sentences, Jersey’s law does not recognise crimes as being aggravated by prejudice on the grounds of race, religion, disability, sexual orientation or gender identity.
The draft Crime (Prejudice and Public Disorder) (Jersey) Law, intended to close that gap and bring Jersey in line with international standards, has been in the pipeline for several years.
“Considerable resources” needed to complete new law
After already facing a series of delays, it had been expected to be debated before the end of this political term – but the Government this morning confirmed that this will not happen until after the next election.
Deputy Mary Le Hegarat said in a statement: “The development of Hate Crime legislation for Jersey is a very significant piece of work, which will require considerable resources to complete.”
The Minister added: “I had hoped last year that there would be sufficient time and resources to complete the work in this term of government, but it has become clear that difficult decisions need to be taken about prioritisation.”
She said delays had also been caused by the complexity of other legislative work and the government’s decision to prioritise recommendations from the Violence Against Women and Girls (VAWG) Taskforce.
As a result, the draft hate crime law “must now be undertaken by the next Assembly.”
Despite the delay, Deputy Le Hegarat stressed that many hate-motivated acts are already illegal under existing laws.
“I would reassure the public that the vast majority of offences related to Hate Crime are already criminal acts in their own right – for instance, the recent spate of racist graffiti would seem to constitute the offence of malicious damage, whether or not a Hate Crime Law is in place,” she said.
“I am confident that the courts will take full account of the context of racial and other abuse as an aggravating factor in any sentence they pass.
She also joined the Chief Minister in condemning last week’s graffiti: “I find it absolutely abhorrent, and I join the Chief Minister in condemning it in the strongest terms.”
“Concerning” data on LGBTQ+ attacks
The Minister’s comments after recent data revealed a rise in physical assaults against LGBTQ+ people in Jersey, with the island’s leading equality charity warning the real scale of abuse is likely hidden beneath a veil of underreporting.
Police statistics recently released under the Freedom of Information Law showed that there were 10 incidents of hate crimes in 2024, including six physical assaults.
The 2024 figure was down from 2020, when there were 19 incidents – but up from 2023, when there were two. In 2021 and 2022, each year saw 12 incidents recorded.
Between 2020 and 2025, there were 16 physical assaults on male victims and six on female victims, with no data on non-binary victims, the figures showed.
Kaye Nicholson, who has led Liberate as CEO since March 2024, described the data as “concerning”.
“Personal safety is a common concern for marginalised and minority individuals, whom we know are at increased risk of abuse, harassment and violence,” she told Express.
Ms Nicholson said that while there had been an overall decline in hate crime, “there has been an increase of physical assaults, which is concerning”.
She added: “It is important to recognise that this data is based on those incidents which are actually reported to the Police, and that according to UK data and anecdotally from interactions we have with community members, LGBTQ+ hate crimes remain significantly underreported.
“In Jersey, a factor in this could be that there is no hate crime legislation protecting minority and marginalised groups, which is something we continue to advocate for.”
A long wait
The push for reform stretches back several years.
In 2023, then-Liberate CEO Vic Tanner Davy said Jersey had been “waiting for a hate-crime law for five years.”
He made the comments after a man was sentenced for a homophobic assault in a town bar, where he punched a man and later returned with a deactivated AK-47 rifle and bayonet. ’
The Royal Court found that the crime involved “a significant element of homophobia.”
The decision came after the Scottish Parliament approved a new piece of legislation that introduced the offence of “stirring up hatred” against protected groups.
It did not, however, tackle misogyny or gender-based violence, but Deputy Guida said at the time that Jersey’s draft law would.
She also indicated she would explore possible interim actions with States of Jersey Police while the legislation remains pending.
