Hate Crime Bill: FOI release

Information requested

One of my constituents has contacted me in relation to their concerns with the Hate Crime Bill: An SNP MSP on Radio 4 this afternoon assures us that not only have the Scottish Police had 2 hours training, to enable an effective assessment of any allegations, but that they have access to guidance, 24/7, for support.

Some further questions for the relevant government minister:

1. What is the source of this guidance, what is it based on?
2. Who wrote the guidance?
3. Who provides the guidance, 24/7, to enquiring Officers?
4. Who oversaw that the guidance is objective, reasonable and a fair and accurate reflection of the law and the intent of Parliament who passed the legislation?
5. What steps will Police Scotland and Parliament take to assess the consistency of the application of this guidance and assure Parliament that the outcomes are as intended?

Response

This is a formal notice under section 17(1) of FOISA that the Scottish Government does not have some of the information you have requested. Some of the information, however, is already accessible within the public domain.

In relation to questions 1-3, the Scottish Government does not have the information you have asked for because the Scottish Government is not responsible for the subject. Training is an operational matter for Police Scotland, and it is therefore Police Scotland that would hold this information. You may wish to contact them: Freedom of Information - Police Scotland

For questions 4-5, it may be helpful to explain that the Scottish Government has worked closely with Police Scotland and other justice partners since the Hate Crime and Public Order (Scotland) Act passed in 2021, to ensure its effective implementation. This provided sufficient time to allow justice partners to complete a number of IT change programmes and for the delivery of training and guidance for police officers. During this time, the Minister for Victims and Community Safety met regularly with Police Scotland and the Crown Office and Procurator Fiscal Service through a Ministerial Oversight Group.

In November 2023, the Scottish Government published the Hate Crime Strategy Delivery Plan, which supports delivery of Scotland’s Hate Crime Strategy published in March 2023. The strategy set out a number of commitments to improve support for victims of hate crime, improve data and evidence on hate crime, and develop effective approaches to preventing hate crime. It also supported implementation of the Hate Crime and Public Order (Scotland) Act 2021.

As is detailed in the delivery plan, Police Scotland rolled out an equalities-informed training package to officers and critical staff to support implementation of the Hate Crime Act. The e-learning package includes changes to the legislation, how to record hate crime as well as wider training on the impact of hate crime and the importance of appropriate Police Scotland response.

The Scottish Government understands that, in addition to the training package for all officers, Police Scotland have ensured additional training for C3 (Contact, Command and Control) staff and for Hate Crime Advisors, who were available to support officers for the initial days and weeks the Act is in force. There have also been dedicated in-person workshops hosted for officers across the force. You can find further detail on this in Deputy Chief Constable Alan Speirs’ letter to the Justice Committee: Hate Crime and Public Order Scotland Act Police Scotland Response 28 March 2024 (parliament.scot)

Delivery of actions within the Hate Crime Strategy Delivery Plan will be overseen by the Hate Crime Strategic Partnership Group, as is detailed in the group’s terms of reference. Minutes of meetings will be published on the Scottish Government website.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.