Hate Crime Act to come into force on April 1, minister announces

New controversial hate crime laws will take effect from April 1, the Scottish Government has announced.

The Hate Crime and Public Order (Scotland) Act was passed by MSPs in March 2021 but its passage was one of the most difficult of the SNP’s time in government.

The Bill was heavily criticised throughout the process, with ministers repeatedly forced to climb down on certain provisions, such as the potential impact on performers.

The legislation will create a new offence of stirring up hatred against protected characteristics, including age, disability, religion, sexual orientation and gender identity, matching a similar offence based on race that has been on the statute book for decades.

Some concerns remain over the potential criminalisation of free expression.

In the final debate before its passage, First Minister Humza Yousaf – then serving as justice secretary – said no-one would be found to have stirred up hatred “for solely stating their belief – even if they did so in a robust manner”.

Ahead of the legislation taking effect, the Scottish Government has launched a public awareness campaign aimed at highlighting the impact of hate crime.

In a statement on Monday, community safety minister Siobhian Brown said: “For those impacted by hatred and prejudice, the results can be traumatic and life-changing.

“While we respect everyone’s right to freedom of expression, nobody in our society should live in fear or be made to feel like they don’t belong, and the Scottish Government is committed to building safer communities that live free from hatred and prejudice.

“Hate crime is behaviour that is both criminal and rooted in prejudice. It can be verbal, physical, online or face to face.

“The new law will give greater protections to those who need it and helps to form the basis of understanding about the type of behaviour that is not acceptable in our society.

“We must do all we can to give victims and witnesses the confidence to report instances of hate crime, which is why we have launched a new campaign, Hate Hurts.

“The campaign is informed by lived experience and explains what a hate crime is, the impact it has on victims and how to report it.”

Chief Superintendent Faroque Hussain, the hate crime prevention lead for Police Scotland, said: “Hate crime is vile and wrong.

“To target a person, a group or a community because of who they are, how they look or how they choose to live their lives undermines freedoms and rights we are entitled to enjoy as human beings.

“We know it can be hard for people to report a hate crime, and in some cases to even recognise or acknowledge that they have been a victim.

“We want everyone targeted by hate crime, or those who witness it, to have confidence to come forward.

“They can be assured they will be treated with dignity and respect, and that the circumstances they report will be fully investigated.”

Figures released by the Crown Office and Procurator Fiscal Service (COPFS) last year showed a 2% drop in hate crimes in Scotland in 2022-23.

Responding to the news, Scottish Tory justice spokesman Russell Findlay said: “Scotland’s police officers have been pushed to breaking point by relentless SNP cuts, so expecting them to enforce this flawed legislation should not be a priority.

“The belated enforcement of Humza Yousaf’s flawed and dangerous Hate Crime Act comes days after Police Scotland admitted they won’t investigate a range of other crimes.

“The Scottish Conservatives would bin this law, which risks harming free speech, and instead recruit 1,000 extra officers to keep our communities safe.”