This would be added to the currently protected characteristics of race, religion, sexual orientation, disability and transgender identity. The proposals are outlined in a consultation paper.

Hate crime refers to existing criminal offences (such as assault, harassment or criminal damage) where the victim is targeted on the basis of hostility towards one or more protected characteristic. There are also specific hate speech offences: the offences of “stirring up hatred”, and the racist chanting at football matches.

However, a number of issues have been raised over how hate crime laws work in practice. The laws are complex, spread across different statutes and use multiple overlapping legal mechanisms. Not all five characteristics are protected equally by the law, and campaigners have also argued for additional characteristics such as sex/gender to be included.

The Law Commission’s proposals to improve hate crime laws include:

• Adding sex or gender to the protected characteristics;
• Establishing criteria for deciding whether any additional characteristics should be recognised in hate crime laws, and consulting further on a range of other characteristics, notably “age”;
• Extending the protections of aggravated offences and stirring up hatred offences to cover all current protected characteristics, but also any characteristics added in the future (including sex or gender). This would ensure all characteristics are protected equally;
• Reformulating the offences of stirring up hatred to focus on deliberate incitement of hatred, providing greater protection for freedom of speech where no intent to incite hatred can be proven; and
• Expanding the offence of racist chanting at football matches to cover homophobic chanting, and other forms of behaviour, such as gestures and throwing missiles at players.

Professor Penney Lewis, criminal law commissioner, said: “Hate crime has no place in our society and we have seen the terrible impact that it can have on victims.”

“Our proposals will ensure all protected characteristics are treated in the same way, and that women enjoy hate crime protection for the first time.”