Consultation on amending Scottish hate crime legislation: analysis of responses

Footnotes

1. The consultation paper, One Scotland: Hate Has No Home Here, is available from https://consult.gov.scot/hate-crime/consultation-on-scottish-hate-crime-legislation/

2. One Scotland: Hate Has No Home Here: Consultation on Amending Scottish Hate Crime Legislation. Available at:  https://consult.gov.scot/hate-crime/consultation-on-scottish-hate-crime-legislation/user_uploads/sct08182935681.pdf

3. Report of the Independent Advisory Group on Hate Crime, Prejudice and Community Cohesion. Available at: https://www2.gov.scot/Resource/0050/00506074.pdf

4. Independent Review of Hate Crime Legislation in Scotland. Available at: https://www2.gov.scot/Resource/0053/00535892.pdf

5. Final Report of the Working Group on Defining Sectarianism in Scots Law. Available at: https://www.gov.scot/publications/final-report-working-group-defining-sectarianism-scots-law/

6. Views expressed at events and via the easy read consultation questionnaire are NOT included in the tables showing the results of quantitative analysis. 

7. The reference here is to the United Nations Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).

8. Note that several respondents referred to this issue and there was support for both sides of this argument.

9. See recommendation 19 of the report of the Independent Review of Hate Crime Legislation in Scotland.

10. Final Report of the Working Group on Defining Sectarianism in Scots Law: http://www.gov.scot/publications/final-report-working-group-defining-sectarianism-scots-law/

11. Reference was made to the UK Supreme Court case of Lee v Ashers Baking Company Ltd which, it was suggested, highlighted the highly nuanced nature of associative discrimination. See https://www.supremecourt.uk/cases/uksc-2017-0020.html for details of the case

12. See https://www.lawcom.gov.uk/abusive-and-offensive-online-communications/

13. The ‘three-point criteria’ are set out in Section 3 of the 2007 Act.

14. Respondents referred to the Sentencing Council of England and Wales guideline (2004): Overarching Principles: Seriousness. Available from: https://www.sentencingcouncil.org.uk/wp-content/uploads/Seriousness-guideline.pdf

15. These included: Section 315(3) of the Mental Health (Care and Treatment)(Scotland)) Act 2003; Section 83 of the Adults with Incapacity (Scotland) Act 2000; and Part 3 of the Health (Tobacco, Nicotine etc. and Care)(Scotland) Act 2016.