Hate Crime and Public Order (Scotland) Act 2021- SSI to add sex as a characteristic: equality impact assessment

Scottish Statutory Instrument adding “sex” as a characteristic to the Hate Crime and Public Order (Scotland) Act 2021

Title of Policy

The Hate Crime and Public Order (Scotland) Act 2021 (Characteristic of Sex) (Amendment and Transitional Provisions) Regulations 2026

Summary of aims and desired outcomes of Policy

The addition of “sex” as a characteristic to the Hate Crime and Public Order (Scotland) 2021 Act (“the 2021 Act”) will mean that offences motivated by prejudice or hostility based on a person's sex will be treated as aggravated offences under the criminal law. It also means that a new offence of stirring up hatred will criminalise the encouragement of others to hate a group based on their sex. The desired outcomes of this policy include:

• To ensure sex based crimes are treated the same as other characteristics covered by existing hate crime law;
• To improve reporting and recording of sex-based hate crimes;
• Empowering victims, particularly women, to seek justice;
• To provide greater recognition of the harm caused by sex-based discrimination on victims and communities; and
• To support the Scottish Government’s broader efforts to tackle gender inequality and violence;

Directorate

Justice Directorate

Division

Criminal Justice Division

Team

Criminal Law & Practice Team