Unit 6 Lesson 2: Hate Crime Flashcards
What is the primary legislation used for hate crime incidents?
Hate Crime and Public Order (Scotland) Act 2021
What are the 7 characteristics featured in the Hate Crime and Public Order (Scotland) Act 2021?
DR STARS
D - Disability
R - Race
S - Sexual Orientation
T - Transgender Identity
A - Age
R - Religion
S - (Variation in) Sexy Characteristics
Definition of hate crime?
“any crime which is perceived by the victim or any other person, to be motivated (wholly or partly) by malice and ill-will towards a social group.”
Explain Section 3(1)(a) of the Hate Crime and Public Order (Scotland) Act 2021.
A person commits an offence if they;
Pursue a racially aggravated course of conduct which amounts to harassment of a person and it:
- is intended to amount to harassment of that person, or
- occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.
Summary: Racially aggravated Harassment/Course of Conduct
Explain S.3(1)(b) of the Hate Crime and Public Order (Scotland) Act 2021.
Offence if a person;
Acts in a manner which is racially aggravated and which causes, or is intended to cause, another person alarm or distress.
Summary: Racially aggravated behaviour.
When can the racially aggravated course of conduct or behaviour be carried out?
At the time of carrying out the course or conduct or actions 94 immediately before or after.
Explain Section 1(1)(a) of the Hate Crime and Public Order (Scotland) Act 2021.
An offence is aggravated by prejudice if where there is a specific victim of the offence:
- at the time of committing the offence, or immediately before or after doing so, the offender demonstrates malice and ill-will towards the victim, and:
- the malice and ill-wil is based on the victim’s membership or presumed membership of a group defined by reference to a characteristic.
Summary: aggravation of other offence if malice as a result of protected characteristic, so long as as victim is named.
Explain S.1(1)(b) of the Hate Crime and Public Order (Scotland) Act 2021.
Whether or not there is a specific victim of the offence, the offence is motivated (wholly or partly) by malice and ill-will towards a group of persons based on the group being defined by reference to a characteristic.
Summary: aggravation of other offences, does not require named or specific victim.
If posed with the option of charging for a crime with a hate aggravation or for a hate crime, which should be used?
The hate crime offence, as it is usually dealt with more severely in court.
Is corroboration required to prove that an offence was aggravated by prejudice towards one of the seven characteristics?
No, evidence from a single source is sufficient as this is merely an aggravation and not an offence in its own right.
Explain Section 4(1) of the Hate Crime and Public Order (Scotland) Act 2021.
Offence if;
- the person behaves in a manner that a reasonable person would consider to be threatening, abusive or insulting, or
- communicates to another person material that a reasonable person would consider to be threatening, abusive or insulting, and
Either-
- in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or
- a reasonable person would consider the behaviour or the communication of the material to be likely to result in hatred being stirred up against such a group.
Summary: offence to stir up hatred against a racial group where behaviour is threatening, abusive or insulting.
Explain S.4(2) of the Hate Crime and Public Order (Scotland) Act 2021.
Offence if;
- the person behaves in a manner that a reasonable person would consider to be threatening or abusive or
- communicates to another person material that a reasonable person would consider to be threatening or abusive, and
- in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to… <Insert_7_Protecred_characteristics></Insert_7_Protecred_characteristics>
Summary: offence to stir up hatred against 6/7 of the protected characteristics (not race) where behaviour is threatening or abusive (not insulting).
What are the differences between S.4(1) and S.4(2) of the Hate Crime and Public Order (Scotland) Act 2021?
S.4(1) only refers to race, and includes threatening, abusive or insulting behaviour that intends to stir up hatred
Whereas,
S.4(2) only refers to the other 6 protected characteristics (age, disability, religion, sexual orientation, transgender, sexual characteristics), and includes threatening or abusive behaviour (not insulting!!!!) that intends to stir up hatred.
If a hate crime is reported to the police and no criminality is established, what would the circumstances be recorded as?
Non-crime hate incident.
