Hate crime strategy: delivery plan

3. Activity to be taken

This chapter sets out the activity the Scottish Government and partners will undertake between 2023 and 2026 to support delivery of the commitments within the Hate Crime Strategy for Scotland. It is not a comprehensive account of all the activity taking place across Scotland to tackle hate crime. The need to prioritise activity to be taken forward in the short term means that not all commitments can be reflected here, or can only be reflected in part. We worked with the Hate Crime Strategic Partnership Group to prioritise activity based on what we heard from those with lived experience of hate crime.

Details of wider Scottish Government activity to tackle prejudice and hatred, as well as promoting equality and inclusion, can be found at Annex A.

Our approach to hate crime is rooted in human rights and we are committed to continuing to assess and develop this. A human rights approach means putting people at the centre of our policies and this will be central to the delivery of the actions outlined below.

Aim 1

Victims of hate crime are treated with fairness, compassion and in a trauma-informed manner in which their safety and recovery is a priority

What we will deliver and who is leading this work:

1. Scottish Government and Police Scotland, in partnership with the Hate Crime Strategic Partnership Group,^[3] will undertake meaningful lived experience engagement to further understand how we can best tackle hatred and prejudice.

Importantly, this will include communicating how the priorities set out in this plan were agreed, understanding if our activity is making a difference and building good relationships between duty-bearers and rights-holders.

Why we are doing this:

Lived experience engagement has been central to the human rights-based approach we have taken in the development of the Hate Crime Strategy. We are committed to supporting a range of ongoing, participatory engagement to help inform every stage of our delivery - and importantly - to understand if our interventions are making a positive difference.

We recognise the specific experiences of people with intersecting characteristics and will explore how we can support further engagement with these groups in particular.

When it will be delivered:

Ongoing.

What we will deliver and who is leading this work:

2. The Scottish Government will commence the Hate Crime and Public Order (Scotland) Act 2021.

This will follow completion of Police Scotland’s new crime management system and the new data standard to communicate charge aggravator codes within Police Scotland, Crown Office and Procurator Fiscal Service and Scottish Courts and Tribunal Service. Hate Crime Strategic Partnership Group members, with the Scottish Government, will undertake community engagement to explain the purpose of the Hate Crime Act and how it protects communities. This will include awareness raising about the changes in the law, how to report and the type of support available.

Why we are doing this:

Implementing new hate crime legislation is an essental element of our ambitious programme of work to tackle hate crime, and will afford protection to those who need it.

The Hate Crime Act will modernise, consolidate and extend existing hate crime law in Scotland.

It will maintain current legislative protections against offences aggravated by prejudice against disability, race, religion, sexual orientation, transgender identity and variations in sex characteristics, and introduce new protections against offences aggravated by prejudice towards a person’s age.

It will also provide new ‘stirring up of hatred’ offences covering all characteristics protected in the updated legislative framework. These will complement the existing offence of stirring up racial hatred that has been part of our criminal law for decades.

Through the lived experience engagement undertaken in development of the strategy we heard that some people didn’t recognise their experiences as potential hate crime. It is important therefore that communities understand how they are protected under hate crime legislation.

In Scotland, the law currently recognises hate crime based on prejudice towards the following groups:

• Disability
• Race
• Religion
• Sexual orientation
• Transgender identity

The Hate Crime and Public Order (Scotland) Act 2021 will extend protection to include prejudice against age.

It also updates the definition of transgender identity including by removing the outdated term ‘intersexuality’ given the clear differences between intersex and transgender identities. However, so as not to lose protection for this group of people, the Act includes ‘variations in sex characteristics’ as a separate characteristic within hate crime law.

The legislation also provides new ‘stirring up of hatred’ offences covering all characteristics protected in the updated legislative framework.

When it will be delivered:

We are working with justice partners towards a commencement date of 1 April 2024.

Activity to support community engagement will be ongoing.

What we will deliver and who is leading this work:

3. Police Scotland will seek views from communities and stakeholders to ensure that the Police Scotland response to hate crime is both consistent and effective.

Actions include the following:

• delivering on the recommendations made in The Thematic Inspection of Hate Crime.
• rolling out an equalities-informed training package to officers and critical staff to support implementation of the Hate Crime Act. The e-learning package will include changes to the legislation and how to record hate crime, as well as wider training^[4] on the impact of hate crime and importance of appropriate Police Scotland response. Additional training will be offered to Police Scotland Hate Crime Champions and Advisors, C3 Service Advisors and Supervisors.
• supporting a range of meaningful engagement with communities affected by hate crime.

This intersects with action being driven forward under Police Scotland’s Policing Together initiative to build a Service that serves all communities.

Why we are doing this:

Our lived experience engagement highlighted that some communities do not feel comfortable engaging with the police for a range of reasons, including previous interactions and experiences others within their community have shared. It also highlighted the value of effective equalities training for police officers, and others that may interact with those who have experienced hate crime, including an understanding of different types of prejudice, and how this can manifest.

Tackling hate crime is a priority for Police Scotland and a range of actions are underway in response to the Thematic Inspection of Hate Crime.^[5]

Police Scotland have worked with the Hate Crime Strategic Partnership Group to help inform the training package for officers to support implementation of the Hate Crime Act, to ensure it takes account of the impact hate crime can have. Police Scotland are committed to ongoing engagement on further training materials.

Through Policing Together and the Equality, Diversity and Inclusion strategy, Police Scotland are taking action to champion equality and inclusion so that they tackle discrimination and become a service where every officer and member of staff can flourish and thrive with the knowledge they are welcome and valued for their true and authentic selves.

When it will be delivered:

Ongoing.

What we will deliver and who is leading this work:

4. Police Scotland and Scottish Government, with Hate Crime Strategic Partnership Group members, will undertake a review of third-party reporting.

The review will consider a rebranding of the service, how to better define the criteria to be a third-party reporting centre, how to establish better recording and maintenance of the scheme, and improve support for centres and victims. A Short Life Working Group has been convened to take this forward and will scope a proposal to be tested with communities.

Why we are doing this:

We want people to report all hate crimes to the police, and for them to feel that the report will be taken seriously when they do. However, we know that not everyone feels able to do so directly, and may be more comfortable reporting it to an organisation they are familiar with.

There is currently a network of third-party reporting centres across Scotland, with staff and volunteers specially trained to provide support and assistance in submitting a report of hate crime to Police Scotland on a victim's or witnesses’ behalf. Our lived experience engagement told us that many people do not know that such a service exists, and we acknowledge that it is not operating as effectively as it could be.

A Short Life Working Group, led by Police Scotland, has been convened to take this forward and will scope a proposal to be tested with communities.

When it will be delivered:

Engagement on a proposal will be undertaken as soon as practicable.

What we will deliver and who is leading this work:

5. Scottish Government with Hate Crime Strategic Partnership Group partners will undertake a review of the barriers to reporting.

This will build on lived experience engagement undertaken to date and other evidence in order to strengthen our activity to address these barriers.

Why we are doing this:

Reporting hate crime is important as it allows people to access effective justice. It is also through reporting of hate crime that we can improve our understanding of the nature, characteristics and extent of hate crime in Scotland.

We know that not all incidents of hate crime come to the attention of the police and that hate crime continues to be underreported. We heard about a number of barriers in the development of the Hate Crime Strategy and bringing these together will help us deepen our understanding and start to identify activity to address them.

When it will be delivered:

Findings to be published in 2024.

Aim 2

The nature, characteristics, and extent of hate crime in Scotland are more fully understood, and effectively inform appropriate interventions and policy development.

What we will deliver and who is leading this work:

6. The Scottish Government will work in partnership with relevant justice organisations to improve the level and availability of disaggregated hate crime data.

Actions include:

• The Scottish Government will publish the first annual report on police recorded hate crime as soon as reasonably practicable after receipt of the necessary data for 2024-25. This report will be the first time that information on police recorded hate crime, with greater detail where known, will be published in its entirety.
• Following the publication on police recorded hate crime, Scottish Government, with Police Scotland and the Hate Crime Strategic Partnership Group, will collectively review the findings. We will agree any changes that likely add value to how the data is either recorded by police or presented in future reports.
• The Scottish Government will continue to publish hate crime convictions data. We will continue to engage with Police Scotland, Crown Office and Procurator Fiscal Service and Scottish Courts and Tribunal Service on the provision of disaggregated convictions data.
• The Crown Office and Procurator Fiscal Service will continue to publish 'Hate Crime in Scotland' annual reports, which provide details of hate crimes reported to COPFS in Scotland.
• The Hate Crime Strategic Partnership Group members, including Scottish Government, will undertake engagement to explain to communities why publication of disaggregated data is a priority. This will include explaining the importance of having accurate data and how we will use it to help tackle hate crime going forward.

Why we are doing this:

We recognise that having robust data and evidence on hate crime is essential to help us more effectively prevent and tackle it in Scotland, in line with recommendations from human rights-monitoring processes.^[6]

To date, there have been two published studies called ‘Characteristics of Police Recorded Hate Crime in Scotland’ which present statistics on the number of hate crimes recorded by the police in Scotland over 2014-15 to 2021-22. They also provide helpful insight into the nature of hate crimes and the characteristics of both victims and perpetrators, based on a random sample of cases recorded by the police.

The Hate Crime and Public Order (Scotland) Act 2021 will require information about police-recorded hate crime and convictions data to be published annually, and with greater detail where known.^[7]

Reviewing the findings and agreeing changes will ensure the publication can help us pursue our aim of more fully understanding the nature, characteristics and extent of hate crime in Scotland. A robust data-and-evidence base will allow us to effectively monitor our interventions and how they are working going forward, allowing us to evaluate and improve our approach.

The data provisions in the Hate Crime Act (described above) were included following engagement with civic society organisations and in response to the 2016 recommendations of the UN Committee on the Elimination of all forms of Racial Discrimination (CERD). It is important that we explain the importance of this activity to rights-holders.

In addition, our commitment to meaningful ongoing lived experience engagement will also provide us with a rich understanding of the experiences of those directly affected by hate crime beyond the provision of statistical publications.

When it will be delivered:

Report to be published as soon as reasonably practicable after receipt of the necessary data for 2024-25.

Aim 3

Communities are empowered, inclusive and safe, and the underlying causes of hate crime are challenged.

What we will deliver and who is leading this work:

7. The Hate Crime Strategic Partnership Group, including Scottish Government, will convene a conference before the end of 2023, bringing communities together to explore how we can work together in taking this delivery plan forward.

We will continue to take a human rights approach, which means putting the rights and interest of people at the centre of our activity.

Why we are doing this:

In early 2023, we launched Scotland’s Hate Crime Strategy with the Hate Crime Strategic Partnership Group and lived experience participants who contributed to the strategy’s development. The conference will build upon this and allow participants to continually shape and directly influence our approach to tackling prejudice and building inclusive communities, where everyone can feel safe.

When it will be delivered:

End 2023.

What we will deliver and who is leading this work:

8. Scottish Government and the Hate Crime Strategic Partnership Group will undertake awareness-raising activity.

Actions include:

• Scottish Government with Police Scotland will launch a campaign to coincide with implementation of the Hate Crime Act which will aim to raise awareness of what hate crime is, the impact it has on victims and how to report it. Hate Crime Strategic Partnership Group members will support this campaign through wider promotion, to ensure we reach as many people as possible.
• Scottish Government and Police Scotland will work to co-ordinate awareness-raising activity, to ensure consistent messaging.
• Scottish Government with the Hate Crime Strategic Partnership Group partners will support National Hate Crime Awareness Week each year. This will include coordinating communications to raise awareness about hate crime and how to report it.
• Scottish Government will also sign post appropriate material, including how to report a hate crime on www.safer.scot

Why we are doing this:

Undertaking effective awareness-raising activity that is informed by lived experience and is shaped with different audiences in mind is crucial to helping us tackle hate crime.

During the development of the new Hate Crime Strategy, we heard from a number of victims and key stakeholder groups about the impact of hate crime. The campaign will provide an opportunity to not only explain protections under the new legislation but also explore the harm done as a result of hate crime. The campaign will run across TV, outdoor posters, digital and social media.

Supporting National Hate Crime Awareness Week every October provides an opportunity to reinforce awareness-raising messaging deployed throughout the year.

We recognise that public awareness activity can be a helpful tool in reaching potential perpetrators of hate crime. We also recognise that many people who witness a hate crime may wish to intervene but do not know how to do so appropriately. It is important that everyone knows how to provide support to those who have experienced hate crime.

When it will be delivered:

Early 2024.

An evaluation of the campaign will be carried out to understand impact.

What we will deliver and who is leading this work:

9. The Scottish Government with Education Scotland, YouthLink Scotland and respectme will continue to consider how education and youth work can support children and young people to recognise prejudice and hate crime.

This includes raising awareness of the devastating impact it has on individuals and their communities.

Actions include:

• collating resources available to tackle hate crime in schools and youthwork settings.
• continuing to build the Action on Prejudice website as a space to collate and share learning and information.
• engaging with local authority Directors of Education to help us further understand reach, impact and further action to be taken.
• Scottish Government will continue to work with Edinburgh Interfaith Association supporting their Religion and Belief Roadshows which, supported by Police Scotland, aim to educate primary school-age children about different faiths and beliefs. We will explore potential roll-out across Scotland. We will also continue to work with faith and belief stakeholders to further understand and raise awareness of their educative programmes and resources for school pupils and teaching staff.
• Scottish Government will develop educational resources for settings such as schools and community learning which focus on the extreme right wing in Scotland and covers topical issues such as online influences, prejudice, vulnerability and the offline consequences of radicalising narratives.

Why we are doing this:

We recognise the important role formal and informal education can play in supporting children and young people to understand prejudicial attitudes and how they can be supported to challenge them. Feedback from our lived experience and wider engagement highlighted just how important participants felt education was in terms of tackling hatred and prejudice in Scotland.

The teaching resources, including a play (developed in conjunction with Scottish teachers, community learning practitioners, Scottish theatre company Braw Clan and Education Scotland) will support practitioners to create a safe space in which young people are encouraged to talk about a number of issues, including extreme right-wing ideology, online radicalisation and the effects of charismatic online influencers.

This is part of the Scottish Government’s wider efforts to build resilient critical-thinkers who are equipped to challenge divisive narratives, and to safeguard vulnerable individuals. A practitioners' guide and activity toolkit is being produced to complement the play. These resources contain relevant links to the experiences and outcomes from the Curriculum for Excellence which aims to ensure that pupils are successful learners; confident individuals; responsible citizens; and effective contributors.

When it will be delivered:

Ongoing.

What we will deliver and who is leading this work:

10. COSLA and Scottish Government will undertake a joint programme of engagement to understand what local authorities would find helpful in terms of a toolkit to help address hate crime and strengthen community cohesion at a local level.

This will include collaboration with a range of partners, including the Scottish Councils Equality Network, Scottish Community Safety Network and Community Safety, Justice and Planning Partnerships.

Why we are doing this:

Local authorities play a substantial role in building community cohesion and helping eradicate hatred and prejudice across Scotland. They do this across the wide range of services they provide in our communities, working closely with partners locally. Councils have important statutory duties to eliminate discrimination, harassment and victimisation; advance equality of opportunity, and foster good relations between persons who share a protected characteristic and those who do not through the Public Sector Equality Duty (PSED). They are uniquely placed to understand – and work with – the diverse communities they serve.

We know that there is a range of good practice in terms of tackling hatred and prejudice and the development of a toolkit can help further inform and support local policy and practice across Scotland.

When it will be delivered:

We will undertake initial engagement in 2023-24 with a view to further ongoing engagement and collaboration following this.

What we will deliver and who is leading this work:

11. Scottish Government and Hate Crime Strategic Partnership Group members will establish a calendar of community cohesion and cultural events that celebrate days of national importance which promote inclusive and supportive communities.

We will continue to mark genocide memorials and highlight the dangers of unchecked prejudice.

Why we are doing this:

We want people to live in communities where equality, human rights and humanity are upheld, and where they feel they belong. We will continue to champion activity that seeks to build inclusive and supportive communities.

We recognise that ‘Intangible Cultural Heritage (ICH)’ plays a key role in how communities interact with each other via music, language, song, food, dance, faith and other activities. We will work with cultural organisations and interested stakeholders such as Police Scotland to build on previous interventions including BEMIS Multicultural St. Andrews Festival, Interfaith Week and Scottish Refugee Festival.

Holocaust Memorial Day and Srebrenica Memorial Day are a stark reminder of the inhumanity and violence that hatred and prejudice can wreak if left unchallenged. We will be working with relevant partners to mark HMD 2025 which will commemorate the 80th anniversary of the Holocaust.

When it will be delivered:

Ongoing.

What we will deliver and who is leading this work:

12. Scottish Government with Disability Equality Scotland and Police Scotland and the British Transport Police will support roll-out of Hate Crime Charter training for transport operators.

The Hate Crime Charter, with an initial focus on disability hate crime (and intersecting characteristics), aims to encourage transport providers, members of the public and other services to support a zero-tolerance approach to hate crime on Scotland’s public transport network.

Why we are doing this:

We understand from our lived experience engagement that public transport can often be the scene of hate crime – and that some people choose not to use public transport because of fear they may be targeted. It must be made clear that hatred will not be tolerated anywhere, including on public transport.

When it will be delivered:

From April 2024.

The vision for justice in Scotland is to have effective, modern person-centred and trauma-informed approaches to justice in which everyone can have trust. To achieve this we are progressing implementation of 'Trauma Informed Justice: a knowledge and skills framework'⁸ which was developed by NHS Education Scotland and published in May 2023. The framework will help justice organisations identify what their staff need to know to respond to victims and witnesses in a trauma-informed way and will inform the development of consistent training in trauma-informed practice. We are also working with justice agencies and a specialist communications agency to improve justice system communications, ensuring we are able to compassionately recognise and respond to a victim’s or a survivor’s trauma and avoid re-traumatisation.

Encouraging and supporting community cohesion to eradicate hate crime will take a concerted effort, and we recognise that this will take some time. However, we are clear that there is a role for everyone in our society to tackle hatred and prejudice. We want to create communities that are empowered, inclusive and safe and where the underlying causes of hate crime are challenged. We know that the most effective way to tackle hate crime is through prevention and it is important that we improve our understanding of why hate crime happens and use this to develop sustainable approaches to prevention. The Scottish Government and the Hate Crime Strategic Partnership Group will continue to build our understanding of what works in terms of prevention and building community cohesion. Our approach will incorporate and explore several methods of tackling prejudice and building cohesive communities, including through relevant research opportuinities, the role of culture and how restorative practice can be applied.