Hate crime strategy

3. What is hate crime?

Hate crime is the term used to describe behaviour which is both criminal and rooted in prejudice. This means that the law has been broken, and the offender's actions were driven by hatred towards a particular group. Prejudice is not in itself criminal; rather it is a preconceived opinion or attitude towards a particular group.

Different prejudice-driven conduct will have a different response and not all amounts to hate crime. There are some expressions of prejudice that, while harmful, are not criminal offences. For example, in the workplace, the civil law has a role in addressing discrimination under the Equality Act 2010. However, some prejudicial conduct requires a criminal law response and hate crime legislation ensures that the criminal law can address such conduct.^[1]

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 It also updates the definition of transgender identity including by removing the outdated term 'intersexuality' given the clear differences between intersex and transgender identities.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.

Hate crime can target a particular person or an entire group. You don't have to be a member of the targeted group/s to be a victim of hate crime, as the law applies to crimes based on someone's belief about your identity, even if that is incorrect. It also applies to crimes based on an association with a particular group/s. Some people will belong to or identify with more than one protected group. For some, a combination of characteristics will mean that they experience hate crime in a specific way – what is referred to as intersectionality. Intersectionality can significantly impact how people experience hate crime.

Hate crime can be verbal or physical and can take place anywhere – including online.

Reporting hate crime to the police

Reporting hate crime is important. We encourage anyone who has experienced or witnessed a potential hate crime to report it to Police Scotland in person, by telephone, online or via one of the third party reporting centres listed on their website.^[2]

The police record incidents reported with a prejudice element. If in the investigation of the reported incident sufficient evidence exists to suggest the accused has committed an offence, then the police can report a hate crime to Crown Office and Procurator Fiscal Service (COPFS). COPFS will determine if charges are brought forward.

There is a general consensus that hate crime is underreported and that some people have concerns about approaching the police to report it. This strategy seeks to increase the use of hate crime reporting mechanisms.

Hate crime toolkit

Victim Support Scotland and Police Scotland have produced a toolkit for anyone affected by hate crime which outlines how to report a hate crime and the support available.^[3]