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Process of the review

Stage One (March to June 2017)

The first stage of the Review will involve Lord Bracadale gathering  evidence and information.  Lord Bracadale is keen to better understand what people consider to be hate crime and how well the current criminal justice system deals with this.  To do this he will invite information and experience from those who in one role or another have an involvement in applying the law and from individuals and communities affected by hate crime.   We will also review the relevant information currently available about hate crime in Scotland and consider where there are gaps in our knowledge and how we can fill these.  Our questionnaire, which asked what you think hate crime means and how you have been affected by it, closed on 12 May.  Thank you to everyone who took the time to complete this.

Stage two (July to October 2017)

This preliminary fact finding will better inform the next stage of the review which will be the preparation and publication of our consultation paper to which anyone can respond.  The consultation exercise runs until 23 November and is the product of what Lord Bracadale has learned from communities affected by hate crime and from those who apply the law.  Lord Bracadale is exploring what type of conduct the criminal law should be identifying as hate crime and whether the current set of offences adequately covers such conduct.   To make the content as accessible as possible there are three versions of the paper.  We have also provided the academic research that Lord BracadaIe commissioned on hate crime legislation and the findings report from the questionnaire he produced in April.  You can decide which version you would prefer to read and which questions you would like to answer.  To encourage wide participation and well informed responses Lord Bracadale will be speaking at a range of events.  We will list any that are open to the public.  The papers and events can be found at:

https://consult.scotland.gov.uk/hate-crime/independent-review-of-hate-crime-legislation

Stage Three (November/mid-December 2017)

Once the consultation period closes we will be analysing the consultation responses received and considering any further information  we need to gather. 

Stage Four (December 2017 onwards)

Lord Bracadale will prepare his report based on the findings produced at all stages of the process.  His report will be published in early 2018.   

Throughout the process, the Review will engage with a wide range of interested parties such as:

  • Diversity, equality and community groups
  • Victims of hate crime
  • Those to whom existing hate crime legislation does not extend, for instance young people
  • Professionals in the criminal justice field
  • Interest groups
  • Politicians