Lesson 2 - Hate Crime

Question 1

Hate Crime Definition

Answer 1

Any crime which is perceived by the victim or any other person, as being motivated (wholly or partly) by malice and ill-will towards a social group

Question 2

Name the 5 social groups protected under hate crime legislation in scotland

Answer 2

• Disability
• Race & Ethnicity
• Religion
• Sexual Orientation
• Transgender Identity

Question 3

Describe Disability

Answer 3

• A physical or mental impairment that has a substantial and long term negative effect on your ability to do normal daily activities
• Long term means 12 months or more

Question 4

Describe Race & Ethnicity

Answer 4

• Race describes the physical characteristics of a person

- Ethnicity describes the cultural identity of a person

Question 5

Racism Definition

Answer 5

Prejudice or discrimination based on race, especially the belief that one race is superior to another

Question 6

Describe Sexual Orientation

Answer 6

• Used to describe a person’s emotional, romantic and sexual attraction to individuals of a particular gender

Question 7

What are the 3 categories Sexual Orientation is usually divided into?

Answer 7

• Hetrosexual
• Bisexual
• Homosexual

Question 8

Who can perceive a crime to be a hate crime?

Answer 8

• Bystander/witness
• Family member
• Friend
• Third party reporting organisation staff
• Guardian/carer
• Police officer

Question 9

What does Racially Aggravated Harassment - Section 50A (1) (a) of the Criminal Law (Consolidation) (Scotland) Act, 1995 state?

Answer 9

A person is guilty of an offence if they pursue a racially aggravated course of conduct which amounts to harassment of a person an it:

• is intended to amount to harassment of that person, or;
• Occurs in circumstance where it would appear to a reasonable person that it would amount to harassment of that person

Question 10

What does Racially Aggravated Behaviour - Section 50A (1) (b) of the Criminal Law (Consolidation) (Scotland) Act, 1995 state?

Answer 10

A person is guilty of an offence if they act in a manner which is racially aggravated and which:
- Causes, or
- Is intended to cause,
a person alarm or distress

Question 11

What does Aggravation Section 96, Crime and Disorder Act 1998 highlight?

Answer 11

Offences which are wholly or partly racially aggravated

Question 12

What does aggravated Section 74 of the Criminal Justice (Scotland) Act 2003 reference to?

Answer 12

Religiously aggravated offences

Question 13

What does Section 1 of the Offences (Aggravation by prejudice) (Scotland) Act 2009 cover?

Answer 13

Offences aggravated by prejudice on disability

Question 14

Name the Forms a Disability Hate Incident Can Take

Answer 14

• Verbal and physical abuse
• Teasing
• Bullying
• Threatening behaviour
• Online abuse
• Threatening or insulting texts
• Damage to property
  It can be a one off incident or part of an ongoing campaign of harassment or intimidation

Question 15

What does Section 1 of the Offences (Aggravation by prejudice) (Scotland) Act 2009 cover?

Answer 15

Offences aggravated by prejudice based on sexual orientation or transgender identity

Question 16

Name the Forms Homophobic and Transphobic hate incidents can take

Answer 16

• Verbal and physical abuse
• Physical violence
• Teasing
• Bullying
• Threatening behaviour
• Online abuse
• Damage to property
  It can be a one off incident or part of an ongoing campaign of harassment or intimidation

Question 17

What Actions Should be Taken When Investigating Hate Crime/Incidents?

Answer 17

• Reassure the victim
• Take time to explain the Police procedure
• Maintain a victim centred approach
• Understand what specific needs the victim (or witness) has
• Do not directly question the victim in relation to them being a member of a social group
• Identify if the victim if a repeat victim
• Explore perception
• Consider if Hate Crime/Incident has had an impact on the local community
• Ensure relevant paperwork has been complete (iVPD)
• Abusive words are recorded verbatim