Hate crime legislation independent review: consultation (technical version)

Full, technical version of consultation to inform the independent review of hate crime legislation in Scotland, chaired by Lord Bracadale.


1 Identoba and Others v. Georgia, ECtHR judgment of 12 May 2015 (Application no. 73235/12), para 67.

2 http://www.gov.scot/Resource/Doc/26350/0025008.pdf.

3 https://www.holocaustremembrance.com/sites/default/files/press_release_document_antisemitism.pdf

4 DeFrancisco, Victoria P.; Palczewski, Catherine H. (2014). Gender in Communication. Thousand Oaks, California: Sage. p. 9.

5 Hannah Mason-Bish; 'Beyond the Silo: Rethinking hate crime and intersectionality', Routledge International Handbook on Hate Crime

6 The original provision set out a maximum prison sentence on summary conviction of 6 months, but this was increased to 12 months by virtue of the Criminal Proceedings etc. Reform (Scotland) Act 2007, s. 45.

7 Hate Crime: should the current offences be extended? Law Com no. 348: https://s3-eu-west-2.amazonaws.com/lawcom-prod-storage-11jsxou24uy7q/uploads/2015/03/lc348_hate_crime.pdf.

8 See section 29J of the Public Order Act 1986.

9 Section 29JA of the Public Order Act 1986.

10 Para 26 of the Policy Memorandum.

11 Hate Online: a guide to responding to online hate speech and hate crime. Coalition for Racial Equality and Rights – February 2016.

12 COPFS guidance on cases involving communications sent by social media

13 It may be noted here that the Malicious Communications Act 1988 may be used in England, Wales and Northern Ireland in relation to online communications. That Act was originally designed to deal with poison pen letters, and has since been amended to cover electronic communications. However, it does not extend to Scotland. When the Bill which became the Malicious Communications Act was before Parliament, the Government explained that it was not necessary for it to extend to Scotland because Scots common law offences already covered relevant conduct.

14 See http://www.bbc.co.uk/news/technology-29616197.

15 In 2014, three people were convicted in England of offences under section 127 Communications Act in relation to this harassment.

16 Chis Wolf, Viral Hate: Containing its spread on the internet

17 Hate crime: abuse, hate and extremism online. 14 th report of session 2016-17: https://publications.parliament.uk/pa/cm201617/cmselect/cmhaff/609/609.pdf

18 Hat och hot på nätet – en kartläggning av den rättsliga regleringen i Norden från ett jämställdhetsperspektiv, NIKK, Mao Bladini, 21 June 2017.

19 Anna Turley MP's Malicious Communications (Social Media) Bill in 2016-17 session of Parliament; Liz Saville Roberts MP's Criminal Offences (Misuse of Digital Technologies and Services) (Consolidation) Bill in 2015-16 session (which would have extended to England, Wales and Northern Ireland only).

20 http://www.parliament.scot/S5_Equal_Opps/Inquiries/EHRiC_5th_Report_2017_SP_Paper_185.pdf

21 Britain breaking barriers: strengthening human rights and tackling discrimination', Bright Blue, July 2017.

22 S/13271/07. Earlier English case law had recognised Romany Gypsies and Irish Travellers as racial groups. The initial Employment Tribunal in MacLennan v Gypsy Traveller Education and Information Project had accepted an argument that the Scottish Gypsy/Traveller community was not a distinct group. However, after hearing evidence from a selection of academics and travelling-community historians, the Tribunal concluded that Scottish gypsies were, in fact, a distinct ethnic community and must be treated as such under law.

23 http://www.sacro.org.uk/services/criminal-justice/stop-anti-sectarianism-hate-crime-services

24 http://www.sacro.org.uk/services/criminal-justice/adult-restorative-justice


Email: Independent review of hate crime legislation - secretariat, secretariat@hatecrimelegislationreview.scot

Phone: 0300 244 4000 – Central Enquiry Unit

The Scottish Government
St Andrew's House
Regent Road

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