Consultation on amending Scottish hate crime legislation: analysis of responses
Analysis of stakeholders' responses to our consultation on amending Scottish hate crime legislation.
Annex 3: Number of responses to individual questions
| Question |
Organisation |
Individual |
Total |
||||
|---|---|---|---|---|---|---|---|
| n |
% |
n |
% |
n |
% |
||
| (of total 108) |
(of total 1,051) |
(of total 1,159) |
|||||
| Part 1: Consolidating Hate Crime Legislation | |||||||
| 1 |
Do you think the statutory aggravation model should continue to be the core method of prosecuting hate crimes in Scotland? [Yes / No / Unsure] |
80 |
74% |
923 |
88% |
1,003 |
87% |
| Please tell us why. |
75 |
69% |
789 |
75% |
864 |
75% |
|
| 2 |
Do you think that the language of the thresholds for the statutory aggravations would be easier to understand if it was changed from ‘evincing malice and ill will’ to ‘demonstrating hostility’? [Yes / No / Unsure] |
82 |
76% |
675 |
64% |
757 |
65% |
| Please tell us why. |
74 |
69% |
422 |
40% |
496 |
43% |
|
| 3 |
Do you think changing the language of the thresholds for the statutory aggravations from ‘evincing malice and ill will’ to ‘demonstrating hostility’ would change how the thresholds are applied? [Yes / No / Unsure] |
74 |
69% |
643 |
61% |
717 |
62% |
| Please tell us why. |
63 |
58% |
346 |
33% |
409 |
35% |
|
| 4 |
Do you think that variations of sex characteristics (intersex) should be a separate category from transgender identity in Scottish hate crime legislation? [Yes / No / Unsure] |
66 |
61% |
632 |
60% |
698 |
60% |
| Please tell us why. |
58 |
54% |
369 |
35% |
427 |
37% |
|
| 5 |
Do you think that the terms used in Scottish hate crime legislation in relation to transgender identity and intersex should be updated? [Yes / No / Unsure] |
65 |
60% |
616 |
59% |
681 |
59% |
| Please tell us why. |
53 |
49% |
304 |
29% |
357 |
31% |
|
| 6 |
If you think that the terms used in Scottish hate crime legislation in relation to transgender identity and intersex should be updated, what language would you propose? |
46 |
43% |
180 |
17% |
226 |
19% |
| Part 2: New Statutory Aggravations |
|||||||
| 7 |
Do you agree with Option A to develop a statutory aggravation for gender hostility? [Yes / No / Unsure] |
69 |
64% |
472 |
45% |
541 |
47% |
| Please provide details. |
61 |
56% |
206 |
20% |
267 |
23% |
|
| 8 |
Do you agree with Option B to develop a standalone offence for misogynistic harassment? [Yes / No / Unsure] |
69 |
64% |
462 |
44% |
531 |
46% |
| If you agree, please tell us why and provide examples of the types of behaviour that could be captured by this offence. |
52 |
48% |
182 |
17% |
234 |
20% |
|
| Please provide examples of the types of behaviour that could be captured by the standalone offence. |
5 |
5% |
74 |
7% |
79 |
7% |
|
| 9 |
Do you agree with Option C of building on Equally Safe to tackle misogyny (this would be a non-legislative approach)? [Yes / No / Unsure] |
65 |
60% |
433 |
41% |
498 |
43% |
| If you agree, please tell us why. |
55 |
51% |
142 |
14% |
197 |
17% |
|
| 10 |
Do you agree with Option D of taking forward all of the identified options? [Yes / No / Unsure] |
69 |
64% |
440 |
42% |
509 |
44% |
| If you agree, please tell us why. |
50 |
46% |
118 |
11% |
168 |
14% |
|
| Please provide examples of the types of behaviour that could be captured by the standalone offence. |
3 |
3% |
46 |
4% |
49 |
4% |
|
| 11 |
Do you think that a new statutory aggravation on age hostility should be added to Scottish hate crime legislation? [Yes / No / Unsure] |
72 |
67% |
465 |
44% |
537 |
46% |
| Please provide details. |
66 |
61% |
191 |
18% |
257 |
22% |
|
| 12 |
Do you think there is a need for sectarianism to be specifically addressed and defined in hate crime legislation? [Yes / No / Unsure] |
63 |
58% |
464 |
44% |
527 |
45% |
| Please give your reasons. |
47 |
44% |
196 |
19% |
243 |
21% |
|
| 13 |
If your response to question 12 was yes, do you think a statutory aggravation relating to sectarianism should be created and added to Scottish hate crime legislation? [Yes / No / Unsure] |
34 |
31% |
248 |
24% |
282 |
24% |
| Please give your reasons. |
20 |
19% |
67 |
6% |
87 |
8% |
|
| 14 |
If yes to question 12, do you think a standalone offence relating to sectarianism should be created and added to Scottish hate crime legislation? [Yes / No / Unsure] |
27 |
25% |
229 |
22% |
256 |
22% |
| Please give your reasons. |
12 |
11% |
62 |
6% |
74 |
6% |
|
| 15 |
If your response to question 12 was yes, do you agree with the Working Group that sectarianism should be defined in Scots Law in terms of hostility based on perceived Roman Catholic or Protestant denominational affiliation of the victim and/or perceived British or Irish citizenship, nationality or national origins of the victim? [Yes / No / Unsure] |
27 |
25% |
225 |
21% |
252 |
22% |
| Please give your reason. |
20 |
19% |
104 |
10% |
124 |
11% |
|
| 16 |
If you disagree with the Working Group's proposed definition of sectarianism, what do you believe should be included in a legal definition of sectarianism? Please give your reason. |
26 |
24% |
176 |
17% |
202 |
17% |
| 17 |
The Scottish Government recognises that legislation on its own will not end sectarianism. What else do you feel could be done to address sectarianism? |
48 |
44% |
319 |
30% |
367 |
32% |
| 18 |
Do you think that a new statutory aggravation on hostility towards a political entity should be added to Scottish hate crime legislation? [Yes / No / Unsure] |
63 |
58% |
454 |
43% |
517 |
45% |
| Please provide details. |
42 |
39% |
202 |
19% |
244 |
21% |
|
| 19 |
Do you think that a new statutory aggravation should be added to Scottish hate crime legislation to cover hostility towards any other new groups or characteristics (with the exception of gender and age)? [Yes / No / No opinion] |
64 |
59% |
450 |
43% |
514 |
44% |
| Please provide details. |
42 |
39% |
150 |
14% |
192 |
17% |
|
| 20 |
Do you think that the religious statutory aggravation in Scottish hate crime legislation should be extended to include religious or other beliefs held by an individual? [Yes / No / Unsure] |
60 |
56% |
453 |
43% |
513 |
44% |
| Please provide details. |
34 |
31% |
202 |
19% |
236 |
20% |
|
| 21 |
Do you think that the statutory aggravations in Scottish hate crime legislation should apply where people are presumed to have one or more protected characteristic? (Examples of protected characteristics are religion, sexual orientation, age, gender, race, disability, transgender identity and intersex). [Yes / No / Unsure] |
67 |
62% |
441 |
42% |
508 |
44% |
| Please provide details. |
55 |
51% |
171 |
16% |
226 |
19% |
|
| 22 |
Do you think that the statutory aggravations in Scottish hate crime legislation should apply where people have an association with that particular identity (relating to religion, sexual orientation, age, gender, race, disability, transgender identity and intersex)? [Yes / No / Unsure] |
68 |
63% |
432 |
41% |
500 |
43% |
| Please tell us why. |
55 |
51% |
168 |
16% |
223 |
19% |
|
| Part 3: New Stirring Up of Hatred Offences |
|||||||
| 23 |
Do you agree with Lord Bracadale’s recommendation that stirring up of hatred offences should be introduced in respect of each of the protected characteristics including any new protected characteristics? [Yes / No / Unsure] |
80 |
74% |
971 |
92% |
1,051 |
91% |
| Please provide details. |
68 |
63% |
754 |
72% |
822 |
71% |
|
| 24 |
Do you agree with Lord Bracadale’s recommendation that any new stirring up hatred offences should require that the conduct is ‘threatening or abusive’? [Yes / No / Unsure] |
77 |
71% |
954 |
91% |
1,031 |
89% |
| If not, what do you think the threshold should be for the offence to be committed? |
53 |
49% |
698 |
66% |
751 |
65% |
|
| 25 |
Do you think that the existing provisions concerning the stirring up of racial hatred should be revised so they are formulated in the same way as the other proposed stirring up hatred offences?(This would mean that the offence would apply where the behaviour is ‘threatening or abusive’, but not where it is only ‘insulting’.) [Yes / No / Unsure] |
64 |
59% |
603 |
57% |
667 |
58% |
| Please provide details. |
46 |
43% |
256 |
24% |
302 |
26% |
|
| 26 |
Do you agree with Lord Bracadale’s recommendation that there should be a protection of freedom of expression provision for offences concerning the stirring up of hatred? [Yes / No / Unsure] |
75 |
69% |
972 |
92% |
1,047 |
90% |
| Please provide details. If you answered yes to this question, do you have any comments on what should be covered by any such ‘protection of freedom of expression’ provision? |
61 |
56% |
782 |
74% |
843 |
73% |
|
| 27 |
Do you agree with Lord Bracadale’s recommendation that no specific legislative change is necessary with respect to online conduct? [Yes / No / Unsure] |
73 |
68% |
596 |
57% |
669 |
58% |
| Please provide details. |
62 |
57% |
223 |
21% |
285 |
25% |
|
| Part 4: Exploitation and vulnerability |
|||||||
| 28 |
Do you think a statutory aggravation (outwith hate crime legislation) should be introduced that could be applied when a perpetrator exploits the vulnerability of the victim? [Yes / No / Unsure] |
63 |
58% |
429 |
41% |
492 |
42% |
| Please provide details. |
47 |
44% |
156 |
15% |
203 |
18% |
|
| 29 |
If you think a statutory aggravation (outwith hate crime legislation) should be introduced that could be applied when a perpetrator exploits the vulnerability of the victim, please provide details of the circumstances that you think such an aggravation should cover? |
40 |
37% |
153 |
15% |
193 |
17% |
| Part 5: Other issues |
|||||||
| 30 |
Do you think that Section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 about racially aggravated harassment should be repealed? [Yes / No / Unsure] |
59 |
55% |
395 |
38% |
454 |
39% |
| Please provide details. |
48 |
44% |
101 |
10% |
149 |
13% |
|
| 31 |
What do you think the impact of repealing Section 50A of the Criminal Law (Consolidations) (Scotland) Act 1995 about racially aggravated harassment could be? |
41 |
38% |
156 |
15% |
197 |
17% |
| 32 |
Do you think that courts should continue to be required to state in open court the extent to which the statutory aggravation altered the length of sentence? (This would mean that Lord Bracadale’s recommendation on sentencing would not be taken forward.) [Yes / No / Unsure] |
66 |
61% |
389 |
37% |
455 |
39% |
| Please provide details. |
48 |
44% |
123 |
12% |
171 |
15% |
|
| 33 |
Do you agree that no legislative change is needed in relation to the support given to victims of hate crime offences? [Yes / No / Unsure] |
57 |
53% |
380 |
36% |
437 |
38% |
| Please provide details. |
39 |
36% |
120 |
11% |
159 |
14% |
|
| 34 |
Do you agree that no legislative change is needed in relation to the provision of restorative justice and diversion from prosecution within hate crime legislation in Scotland? [Yes / No / Unsure] |
59 |
55% |
372 |
35% |
431 |
37% |
| Please provide details. |
41 |
38% |
75 |
7% |
116 |
10% |
|
| 35 |
What else do you think the Scottish Government could include in its proposals to update Scottish hate crime legislation? |
41 |
38% |
247 |
24% |
288 |
25% |
Contact
Email: bill.brash@gov.scot
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