Response 401111108

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What do we mean by hate crime legislation and why does it exist?

Do you consider that the working definition, discussed in this chapter, adequately covers what should be regarded as hate crime by the law of Scotland?

Please select one item
Yes
No
Don't know

How can we prevent tensions and misunderstandings arising over differences in what is perceived by victims, and others, to be hate crime, and what can be proved as hate crime?

Please give reasons for your answer.
Context needs to be considered in every circumstance. This requires people who administer the law to make sound judgements rather than apply a set of rules that do not cover every eventuality. To classify hate crime is too prescriptive.

Should we have specific hate crime legislation?

Please select one item
Yes
No
Don't know
Please give reasons for your answer.
The law can already take account of a persons particular motivation when committing a crime. Hatred is not the crime itself, but may sometimes be the motivation.

People need to have the freedom to hold and express their views in an appropriate and respectful manner, without the fear of being criminalised.

As a Christian I am cocncerned that Preachers and even just ordinary Christian people may be targeted to be accused of hate crime just by believing in absolute truth and right and wrong.

My other concern is how do you limit the groups who are classed potentially likely to experience hate crime. Age and sex is not a vulnerable group. My wife and son have ginger hair and have always been subjected to a certain level of abuse, likewise I am an Englishman living in Scotland and have been subjected to xenophobic comments. How many categories of vulnerable people will there be.

Statutory aggravations: some issues

Do you believe there is a need to bring all the statutory sentencing provisions, and other hate crime offences, together in a single piece of legislation?

Please select one item
Yes
No
Don't know

Should evincing malice and ill-will be replaced by a more accessible form of words?

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Yes
No
Don't know

Should an aggravation apply where an offence is motivated by malice and ill-will towards a political entity (e.g. foreign country, overseas movement) which the victim is perceived to be associated with by virtue of their racial or religious group?

Please select one item
Yes
No
Don't know

Standalone offence: section 50A Criminal Law (Consolidation) (Scotland) Act 1995: racially aggravated harassment and conduct

Should the concept of a standalone charge be extended to other characteristics?

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Yes
No
Don't know
If so, which groups? Please give reasons for your answer.
Extending this beyond racism could bring serious risk that anyone who expresses disagreement could be accused of harassment by people who wish to push their own agenda politically.

I cannot see how it would be possible to maintain the right to free speech, debate and religious freedom.

Stirring up hatred and online hate crime

Should there be offences relating to the stirring up of hatred against groups?

Please select one item
Yes
No
Don't know
If so, which groups? Please give reasons for your answer.
This law already goes to far. The law on religious hatred should be repealed because it is too subjec I’ve in criminal law in relation to religion. All people should be protected from threats not just certain classes defined by law.

About You

Are you responding as an individual or an organisation?

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