Response 644063281

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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
Please give reasons for your answer.
The definition used is very subjective and will result in people of faith being victimised because of the beliefs which they hold.

The existing definition which refers to "malice and ill-will" should be kept.

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.
By not over legislating .
The danger with this legislation is that basic freedom of expression will be under threat.

Should we have specific hate crime legislation?

Please select one item
Yes
No
Don't know
Please give reasons for your answer.
It relies too much on subjective judgements of those who claim to be victims or those who are prosecuting the case.

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?

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Yes
No
Don't know
Please give reasons for your answer.
I consider that the law as it stands is adequate.

Do you consider that the current Scottish thresholds are appropriate?

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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
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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?

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Yes
No
Don't know

Should an aggravation apply where an offence is motivated by malice and ill-will towards religious or other beliefs that are held an individual rather than a wider group?

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Yes
No
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Do you have any views about the appropriate way to refer to transgender identity and/or intersex?

This should be left to the discretion of the individuals concerned.

Does the current legislation operate effectively where conduct involves malice and ill-will based on more than one protected characteristic?

Please select one item
Yes
No
Don't know

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

Is this provision necessary?

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Yes
No
Don't know

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

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Yes
No
Don't know

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 there are to be offences dealing with the stirring up of hatred against groups, do you consider that there needs to be any specific provision protecting freedom of expression?

Please select one item
Yes
No
Don't know
Please give reasons for your answer.
This is the most serious flaw in the proposed legislation.

Does the current law deal effectively with online hate?

Please select one item
Yes
No
Don't know

Are there specific forms of online activity which should be criminal but are not covered by the existing law?

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Yes
No
Don't know

Offensive behaviour at football

Should sectarian singing and speech, and the waving of banners and making gestures of a sectarian nature at a football match be the subject of the criminal law at all?

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Yes
No
Don't know

Does equivalent behaviour exist in a non-football context?

Please select one item
Yes
No
Don't know
Please select one item
Yes
No
Don't know

Is it beneficial to be able to prosecute in Scotland people who usually live in Scotland for offences committed at football matches in other countries?

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Yes
No
Don't know

Should a football club be able to apply to the court for a football banning order?

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Yes
No
Don't know

Should the law be extended to other groups?

Do you consider any change to existing criminal law is required to ensure that there is clarity about when bullying behaviour based on prejudice becomes a hate crime?

Please select one item
Yes
No
Don't know

Do you think that specific legislation should be created to deal with offences involving malice or ill-will based on:

no

Other specific issues

Do you have any views as to how levels of under-reporting might be improved?

Please select one item
Yes
No
Don't know

Do you consider that in certain circumstances press reporting of the identity of the complainer in a hate crime should not be permitted?

Please select one item
Yes
No
Don't know

Do you consider that a third party reporting scheme is valuable in encouraging reporting of hate crime?

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Yes
No
Don't know

Are diversion and restorative justice useful parts of the criminal justice process in dealing with hate crime?

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Yes
No
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Should such schemes be placed on a statutory footing?

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Yes
No
Don't know

About You

Are you responding as an individual or an organisation?

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