Overview
Hate crime is the phrase used to describe behaviour which is both criminal and based on prejudice.
There are already laws in place to protect certain groups from hate crime.
This Bill aims to do three things. It updates these existing laws and pulls most of these laws into one Bill. It also adds to the groups currently specifically protected by hate crime laws.
Criminal courts can generally take into account any prejudice when sentencing a person. Also, people are protected from hate crime through specific laws that apply.
People are currently protected by specific laws on the basis of:
- disability
- race (and related characteristics)
- religion
- sexual orientation
- transgender identity
This Bill adds age to that list and allows sex to be added at a later date.
The Bill creates a new crime of stirring up hatred against any of the protected groups covered by the Bill.
The Bill also abolishes the offence of blasphemy which has not been prosecuted in Scotland for more than 175 years.
Why the Bill was created
The Bill is a response to the recommendations made in Lord Bracadale’s independent review of hate crime laws.
The Bill has been created to make sure that the groups covered by the Bill are protected from hate crimes. It also makes sure that the laws that provide that protection are fit for the 21st century.
Crimes motivated by prejudice will be treated more seriously and will not be tolerated by society. The Bill has been created to make this clear to victims, those who commit hate crimes, and the wider society.