Dr. Jennifer Schweppe:

I have my eye on the clock.

What we need to start out knowing is that the UK is an international outlier with respect to the use of this incredibly expansive test of the demonstration model. Indeed, in other law reform processes, for example, in New South Wales, where they considered the amendments to hate crime legislation, they rejected the demonstration test as being too wide. Mason and McIntosh also reject it. It is not like it is a standard to which, internationally, other jurisdictions strive to meet. It has been rejected by other jurisdictions as being too broad.

What we also need to think about is that there are two things that are provided for in the general scheme: aggravated offences from which an individual would be convicted of an aggravated hate crime which would be on the person's record; and aggravated sentencing provisions, which are in another head of the Bill, which would not appear on the criminal record of the individual without a big change in the system.

One could capture that broader range of motivation, including demonstrations of hostility or other tests, but just because it is being done in England and Wales and there are a considerable amount of convictions in that jurisdiction does not mean it is right for here.