Hate Crime Bill introduced to Holyrood

Scotland's legislation on hate crime is to be brought into a single modernised code under a new bill introduced to the Parliament.

The Hate Crime Bill takes forward the recommendation in the 2018 report by Lord Bracadale, that the hate crime laws should be consolidated into a single statute. It updates the list of characteristics protected under hate crime legislation and proposes the addition of age to the list, under which there is a statutory aggravation for offences motivated by prejudice.

The bill would also provide for new offences of "stirring up" of hatred, that would apply to all characteristics listed in the bill: age, disability, race, religion, sexual orientation, transgender identity and variations in sex characteristics. Currently these offences only apply to stirring up racial hatred.

In addition it would abolish the common law offence of blasphemy.

However, although Lord Bracadale recommended that gender should be added to hate crime law, leading women’s organisations were strongly opposed to this approach, calling instead for a standalone offence on misogynistic harassment. The Scottish Government has committed to this in principle and will set up a working group to consider how the criminal justice system deals with misogyny, including whether there are gaps in the law that could be filled with a specific offence on misogynistic harassment.

The group will also consider whether a statutory aggravation and/or stirring up of hatred offences in relation to the characteristic of sex should be included within hate crime law. The Bill includes a power to allow the characteristic of sex to be added by regulations, at a future date, to the lists of characteristics to which the new hate crime legislation will apply.

Remit and membership of the working group will be announced "at the earliest date possible" and its work will begin shortly after. 

Justice Secretary Humza Yousaf commented: "This new Hate Crime Bill is an important milestone. By creating robust laws for the justice system, Parliament will send a strong message to victims, perpetrators, communities and to wider society that offences motivated by prejudice will be treated seriously and will not be tolerated.

"Stirring up of hatred can contribute to a social atmosphere in which discrimination is accepted as normal. Our legislation, if passed, would offer greater protection for those who experience this kind of behaviour. We all have a responsibility to challenge prejudice in order to ensure Scotland is the inclusive and respectful society we want it to be."

Click here to access the bill and related documents.