New Hate Crime laws come into force in Scotland
New measures to tackle the harm caused by hatred and prejudice
come into force today (1 April 2024).
The Hate Crime and Public Order (Scotland) Act will provide
greater protection for victims and communities.
It introduces new offences for threatening or abusive behaviour
which is intended to stir up hatred based on prejudice
towards characteristics including age, disability, religion,
sexual orientation, transgender identity and variations in sex
characteristics. These extra provisions will add to the
long-standing stirring up racial hatred offences, which have been
in place UK-wide since 1986.
The new laws were developed following Lord Bracadale's
Independent Review of Hate Crime Legislation which concluded that
new specific offences relating to stirring up hatred were needed.
The legislation, which was passed by a majority of MSPs in the
Scottish Parliament in 2021, was also subject to extensive
consultation and engagement throughout, including with
communities affected by hate crime.
Minister for Victims and Community Safety said:
“Nobody in our society should live in fear and we are committed
to building safer communities that live free from hatred and
prejudice. We know that the impact on those on the receiving end
of physical, verbal or online attacks can be traumatic and
life-changing. This legislation is an essential element of our
wider approach to tackling that harm.
“Protections for freedom of expression are built into the
legislation passed by Parliament and these new offences have a
higher threshold for criminality than the long-standing offence
of stirring up racial hatred, which has been in place since
1986.”
Background
The Scottish Government's Hate Crime
Strategy and Delivery
Plan sets out Ministers' strategic priorities for
tackling hate crime in Scotland.
Read Lord Bracadale's
Independent Review of hate crime legislation: final report
Find out more about the new laws in the Hate Crime and Public
Order (Scotland) Act 2021: information note
