Hate Crime and Public Order (Scotland) Act 2021 statistics: FOI release

Information requested

In relation to offences relating to stirring up hatred under the Hate Crime and Public Order (Scotland) Act 2021.

1. The total number of reports received for offences relating to stirring up hatred under the Hate Crime and Public Order (Scotland) Act 2021, since its implementation. Including a breakdown of the characteristic(s) to which the offences relate.

2. The total number of those reports that were recorded as crimes. Including a breakdown of the characteristic(s) to which the offences relate.

3. The total number of charges that have progressed to some form of prosecutorial action. Including a breakdown of the characteristic(s) to which the offences relate.

4. The total number of charges that have resulted in a conviction. Including a breakdown of the characteristic(s) to which the convictions relate.

Response

I enclose a copy of some of the information you requested. However, while our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons why we don't have the information are explained below;

1. The total number of reports received for offences relating to stirring up hatred under the Hate Crime and Public Order (Scotland) Act 2021, since its implementation. Including a breakdown of the characteristic(s) to which the offences relate.

The Scottish Government do not hold information on part 1 of your request. Where a report confirms criminality in relation to stirring up hatred under the Hate Crime and Public Order (Scotland) Act 2021 an offence will be recorded (see part 2).

2. The total number of those reports that were recorded as crimes. Including a breakdown of the characteristic(s) to which the offences relate.

Official Scottish Government statistics published in August show that during April to June 2024 (since implementation of the Hate Crime and Public Order (Scotland) Act 2021), 52 stirring up hatred offences were recorded by the police. Of these, 28 related to stirring up racial hatred. The remaining 24 cases covered the new characteristics including age, disability, religion, sexual orientation ,transgender identity and variations in sex characteristics.

The data we receive from Police Scotland is aggregate data and provides a count of crimes and offences by crimecode. We do not receive any further details of each crime including information on the characteristics targeted when it is a hate aggravated crime.

3. The total number of charges that have progressed to some form of prosecutorial action. Including a breakdown of the characteristic(s) to which the offences relate.

4.The total number of charges that have resulted in a conviction. Including a breakdown of the characteristic(s) to which the convictions relate.

The Scottish Government do not hold information on parts 3 or 4 of your request, you may wish to contact Crown Office and Procurator Fiscal Service (COPFS) at FOI@copfs.gov.uk, who may be able to assist.

About FOI

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