Response 335327464

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Part One – Consolidating and Modernising Hate Crime Legislation

1. Do you think the statutory aggravation model should continue to be the core method of prosecuting hate crimes in Scotland?

Please select one item
Yes
No
No opinion
Please tell us why:
Consolidating Hate Crime legislation including statutory aggravations offers transparency and clarity and consistency. However this needs to be considered alongside the objectives of the national strategy for community justice to ensure that people are held to account for their offences whilst being proportionate and effective in preventing and reducing further offending.

2. Do you think that the language of the thresholds for the statutory aggravations would be easier to understand if it was changed from ‘evincing malice and ill will’ to ‘demonstrating hostility’?

Please select one item
Yes
No
Unsure
Please tell us why:
Updating the language of the thresholds for statutory aggravation from ‘evincing malice and ill will’ to ‘demonstrating hostility’ would be easier understood by the general public; victims and non-specialist services.

3. Do you think changing the language of the thresholds for the statutory aggravations from ‘evincing malice and ill will’ to ‘demonstrating hostility’ would change how the thresholds are applied?

Please select one item
Yes
No
Unsure
Please tell us why:
We would not consider that a change in language should change how the thresholds are applied in practice.

4. Do you think that variations of sex characteristics (intersex) should be a separate category from transgender identity in Scottish hate crime legislation?

Please select one item
Yes
No
Unsure
Please tell us why:
The specific views of people, services and organisations representing the interests of the transgender community and people who are intersex should be explicitly consulted on this action.

5. Do you think that the terms used in Scottish hate crime legislation in relation to transgender identity and intersex should be updated?

Please select one item
Yes
No
Unsure
Please tell us why:
The specific views of people, services and organisations representing the interests of the transgender community and people who are intersex should be explicitly consulted on this action.

6. If you think that the terms used in Scottish hate crime legislation in relation to transgender identity and intersex should be updated, what language would you propose?

Please tell us why:
As above the specific views of people, services and organisations representing the interests of the transgender community and people who are intersex should be explicitly consulted on this action.

Part Two – New Statutory Aggravations

7. Do you agree with Option A to develop a statutory aggravation for gender hostility?

Please select one item
Yes
No
Unsure
We would advocate for a statutory aggravation based on a person's sex (not gender)

8. Do you agree with Option B to develop a standalone offence for misogynistic harassment?

Please select one item
Yes
No
Unsure

9. Do you agree with Option C of building on Equally Safe to tackle misogyny (this would be a non-legislative approach)?

Please select one item
Yes
No
Unsure
If you agree please tell us why.
Equally Safe has a critical role in tackling misogyny and gender inequality. The prevention approaches detailed in Equally Safe are wide ranging and cross cut all sections in our society targeting attitudes, culture, media, workplaces, education, colleges, universities and communities.

10. Do you agree with Option D of taking forward all of the identified options? (This would include development of a statutory aggravation based on gender hostility (Option A); development of a standalone offence relating to misogynistic harassment (Option B); and work to build on Equally Safe (Option C)?

Please select one item
Yes
No
Unsure
If you agree, please tell us why.
Please see previous response.

11. Do you think that a new statutory aggravation on age hostility should be added to Scottish hate crime legislation?

Please select one item
Yes
No
Unsure
Please provide details:
No, the issues raised in the consultation relate to vulnerability rather than age. There is already existing legislation relating to age and the rationale for creating a new aggravation is not clear.

12. Do you think there is a need for sectarianism to be specifically addressed and defined in hate crime legislation?

Please select one item
Yes
No (you may wish to go to Question 16)
Unsure
Please give your reasons for your response
There has been continued improvements in addressing sectarianism through social justice initiatives in Scotland over many years without the use of hate crime legislation.

18. Do you think that a new statutory aggravation on hostility towards a political entity should be added to Scottish hate crime legislation?

Please select one item
Yes
No
Unsure

19. Do you think that a new statutory aggravation should be added to Scottish hate crime legislation to cover hostility towards any other new groups or characteristics (with the exception of gender and age)?

Please select one item
Yes
No
No Opinion

20. Do you think that the religious statutory aggravation in Scottish hate crime legislation should be extended to include religious or other beliefs held by an individual?

Please select one item
Yes
No
Unsure

21. Do you think that the statutory aggravations in Scottish hate crime legislation should apply where people are presumed to have one or more protected characteristic?

Please select one item
Yes
No
Unsure
Please provide details:
Agree with Lord Bracadale’s recommendation and the proposal by Scottish Government to accept this recommendation

22. Do you think that the statutory aggravations in Scottish hate crime legislation should apply where people have an association with that particular identity (relating to religion, sexual orientation, age, gender, race, disability, transgender identity and intersex)?

Please select one item
Yes
No
Unsure
Please tell us why:
We support a consistent approach to all hate crime statutory aggravations.

Part Three – New Stirring Up of Hatred Offences

23. Do you agree with Lord Bracadale’s recommendation that stirring up of hatred offences should be introduced in respect of each of the protected characteristics including any new protected characteristics?

Please select one item
Yes
No
Unsure

24. Do you agree with Lord Bracadale’s recommendation that any new stirring up hatred offences should require that the conduct is ‘threatening or abusive’?

Please select one item
Yes
No
Unsure

25. Do you think that the existing provisions concerning the stirring up of racial hatred should be revised so they are formulated in the same way as the other proposed stirring up hatred offences?

Please select one item
Yes
No
Unsure

26. Do you agree with Lord Bracadale’s recommendation that there should be a protection of freedom of expression provision for offences concerning the stirring up of hatred?

Please select one item
Yes
No
Unsure

27. Do you agree with Lord Bracadale’s recommendation that no specific legislative change is necessary with respect to online conduct?

Please select one item
Yes
No
Unsure
Please provide details:
There is an adequate suite of legislation that already provides for people to be prosecuted in relation to online conduct. There is a need to raise awareness amongst the population relating to online hate crime and reporting.

Part Four - Exploitation and Vulnerability

28. Do you think a statutory aggravation (outwith hate crime legislation) should be introduced that could be applied when a perpetrator exploits the vulnerability of the victim?

Please select one item
Yes
No
Unsure

Part Five – Other Issues

30. Do you think that Section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 about racially aggravated harassment should be repealed?

Please select one item
Yes
No
No Opinion
Please provide details.
This should be considered within consolidating current legislation.

32. Do you think that courts should continue to be required to state in open court the extent to which the statutory aggravation altered the length of sentence?

Please select one item
Yes
No
Unsure

33. Do you agree that no legislative change is needed in relation to the support given to victims of hate crime offences?

Please select one item
Yes
No
Unsure

35. What else do you think the Scottish Government could include in its proposals to update Scottish hate crime legislation?

• Adequate resources for local authorities to provide community based solutions to hate crime. This should dovetail and support efforts to increase reporting of hate crime.

About you

Are you responding as an individual or an organisation?

Please select one item
(Required)
Individual
Organisation

What is your organisation?

East Renfrewshire Violence Against Women Partnership