Hate Crime and Public Order (Scotland) Act 2021

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Hate Crime and Public Order (Scotland) Act 2021
Act of Parliament
Long titleAn Act of the Scottish Parliament to make provision about the aggravation of offences by prejudice; to make provision about an offence of racially aggravated harassment; to make provision about offences relating to stirring up hatred against a group of persons; to abolish the common law offence of blasphemy; and for connected purposes.
CitationHate Crime and Public Order (Scotland) Act 2021 asp 14
Territorial extent Scotland
Dates
Royal assent23 April 2021 (2021-04-23)
Commencement1 April 2024
Other legislation
Repeals/revokes
Status: Current legislation
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended

Hate Crime and Public Order (Scotland) Act 2021 is an Act of the Scottish Parliament.

Background[edit]

The Hate Crime and Public Order (Scotland) Bill was introduced to the Scottish Parliament in April 2020, following an independent review of Scotland's hate crime legislation carried out by Lord Bracadale, which recommended consolidation of all hate crime law into one bill.[1] The Bill was controversial, with opponents saying it could stifle freedom of speech. One concern was the potential for the act to be used for prosecuting author J. K. Rowling for transphobia.[2] The Scottish Police Federation and the Law Society of Scotland expressed concerns over the freedom of expression.[3]

The final vote on the Bill was delayed by a day after a number of amendments were proposed.[4] The Bill passed on 11 March 2021, with 82 votes in favour, 32 votes against, and 4 abstentions.[5]

The Act comes into force on 01 April 2024.[6][7]

Act[edit]

The legislation broadens the scope of the existing offence of stirring up hatred. Since the Public Order Act 1986, this offence has applied to racial hatred. The act extends the scope to the following protected characteristics: age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics sometimes known as being intersex.[8]

In England, the Racial and Religious Hatred Act 2006 extended the offence to religion and the Criminal Justice and Immigration Act 2008 extended it to sexual orientation.[8]

The Act abolishes the offence of blasphemy, which had not been prosecuted in Scotland for more than 175 years.[1]

References[edit]

  1. ^ a b This article contains OGL licensed text This article incorporates text published under the British Open Government Licence: "Hate Crime Bill passed". Scottish Government. 11 March 2021. Archived from the original on 30 May 2021. Retrieved 1 September 2021.
  2. ^ "Why is Scotland's Hate Crime Bill so controversial?". BBC News. 15 December 2020. Archived from the original on 13 August 2021. Retrieved 1 September 2021.
  3. ^ "New Scottish hate crime laws 'could devastate legitimacy of police'". BBC News. 28 July 2020. Archived from the original on 14 May 2021. Retrieved 1 September 2021.
  4. ^ "Hate crime vote delayed after marathon Holyrood debate". BBC News. 10 March 2021. Archived from the original on 16 March 2021. Retrieved 1 September 2021.
  5. ^ "MSPs approve Scotland's controversial hate crime law". BBC News. 11 March 2021. Archived from the original on 15 August 2021. Retrieved 1 September 2021.
  6. ^ Amery, Rachel (13 March 2024). "Hate crime law: Glasgow LGBT+ sex shop designated official reporting centre for controversial new laws". Retrieved 13 March 2024.
  7. ^ "The Hate Crime and Public Order (Scotland) Act 2021 (Commencement and Transitional Provision) Regulations 2024". Retrieved 19 March 2024.
  8. ^ a b Brooks, Libby (21 March 2024). "Humza Yousaf criticises 'disinformation' over new Scottish hate crime law". The Guardian. ISSN 0261-3077. Retrieved 22 March 2024.

Further reading[edit]