The Scottish Government

This item was published during the term of a previous administration that ended in April 2007

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Research report into racist crime

03/05/2002

A research report into racially motivated crime, the first of its kind in Scotland, is published today.

Justice Minister Jim Wallace responded by re-affirming that racist attacks on individuals, organisations, premises or groups have no place in our society.

And the Lord Advocate, Colin Boyd QC, confirmed the commitment of the prosecution service to its robust policy on racist crime.

The report looks at the first available figures from the two years (1999-2000) following the introduction of the Crime and Disorder Act 1998 which created two new offences of racially aggravated crime into Scots law, and also gave courts the power to increase sentencing.

The report identifies a large number of measures that have already been taken by the police, the Crown Office and Procurator Fiscal Service (COPFS) and criminal justice agencies to improve the way they tackle racist violence and harassment .

It also points to ways in which the criminal justice system can continue to improve on the initiatives already in place following the work of the Stephen Lawrence Inquiry Steering Group for Scotland.

Mr Wallace said:

"This report shows the vigorous response being taken by the police and criminal justice agencies to tackle the problem of racial violence and harassment.

"Racist attacks on individuals, organisations, premises or groups have no place in Scotland today. We have repeatedly made clear that racially-motivated crime will not be tolerated and that the police are fully prepared and ready to respond."

The Lord Advocate said:

"Scotland is not free from racism or racist crime. Scotland's prosecutors are committed to a vigorous anti-racist stance and to the prosecution of racist crime.

"The Crown Office and Procurator Fiscal Service will consider with care the recommendations made in the report to ascertain where further action is necessary. I have asked the Solicitor General, Mrs Elish Angiolini QC, who chairs the department's Race Strategy Group, to oversee the progress of this essential work".

Key findings from the report are:

• 450 cases involving statutory racist offences, were disposed of in Scottish courts during 1999 and 2000. In addition 480 people were accused of statutory racist offences, of whom 348 (73%) were convicted of one or more racist charges.

• 45 cases involving racist crimes allegedly committed by people aged between 9 and 16 were referred to Children's Hearings, and 161 such cases were referred to the Children's Reporter

• The most common type of racist incident reported to the minority ethnic organisations sampled involved verbal abuse and threats. Physical abuse and property damage were much less frequently reported

• A quarter of questionnaire respondents thought the number of reported racist incidents in 2000 had increased since 1999; only 8% thought the numbers had decreased

• Chief Constables' Annual Reports showed that the number of racist incidents reported to forces increased steadily during the 1990s, with large increases in the financial years ending in 2000 and 2001

Recommendations arising from the research included:

• The distinction between racist crimes and racist incidents should be made clear to the public and to complainers

• A standard definition of racist incidents and crimes and a standard format for recording them should be developed and used by all Scottish police forces

• The use of interpreting services should continue to be monitored to ensure that interpreting needs are identified early and to establish better quality control

• Routine feedback to victims of crime should be given a higher priority by the Procurator Fiscal Service

• The Executive and the Scottish Children's Reporter Administration should jointly develop a policy for dealing with young people aged under 16 who have been referred to the Reporter or Children's Hearings because of racist offences. The outcomes of referrals on these grounds should be recorded and published. Research into the motivation of perpetrators of racist crimes, including young people, should be commissioned.

The focus of progress on racist crime and racism over the last two years has been on the actions identified by the Scottish police service itself and the Stephen Lawrence Inquiry Steering Group, actions that include:

• A common definition by police forces of the definition of a racist incident

• The publication, by ACPOS, of a Race Diversity Strategy in March 2000, followed by a detailed Guidance Manual in august 2000: - this guidance manual covers the reporting and recording of racist crimes; the investigation of racist crime; community policing; recruiting and career development and training issues

• Diversity by all eight Scottish police forces and the Scottish Police Training College as part of a National Equal Opportunities Training Strategy. The first course took place in September 2001

• The Crown Office and Procurator Fiscal Service is carrying out regional monitoring of case-work to ensure that the Lord Advocate's directions to Procurators Fiscal on the prosecution policy to be followed in cases of racist crime is in fact being implemented

• The Lord Advocate has issued guidelines to Chief Constables governing the reporting of cases of racist crime and cases where individual victims, witnesses, bereaved relatives or accused persons have specific needs arising from their ethnic, cultural or religious backgrounds. These guidelines took effect from 1 April 2002 and their implementation will be carefully monitored

• The Crown Office and Procurator Fiscal Service is establishing a Victim Liaison Office in every region by summer 2002. Cases of racially aggravated crime will automatically be referred to the Victim Liaison Office. This will help to ensure that victims receive information on the progress of cases in which they are involved and are referred to organisations which can provide them with support and counselling if required

• Codes of Practice under the Race Relations Amendment Act 2000 issued by the Commission for Racial Equality and recommendations across a range of areas of public policy by the Race Equality Advisory Forum

• A Code of Practice on reporting and recording of racist incidents across the public sector being prepared by the Scottish Executive. The Code aims to ensure consistency in the treatment of racist incidents by the police, other criminal justice organisations, local authorities, schools, hospitals and other public bodies

• To meet key objectives in the Scottish Strategy for Victims, the Criminal Justice Bill makes provision for a victims' statement scheme which will include racial offences. Additionally, the Scottish Executive has made leaflets for victims of crime available in six ethnic minority languages

Mr Wallace added:

"An increase in the clear up rate of racist offences is one of the six national targets that have been jointly agreed by the Executive and ACPOS. The Crown Office and Procurator Fiscal Service has also prioritised racist crime and is committed to a robust prosecution policy and to effective, consistent monitoring systems.

"These initiatives and developments set a firm foundation for all of us to build upon in the fight against racially-motivated crime and I am confident that we will all continue to take the excellent work of the Stephen Lawrence Inquiry Steering Group in Scotland forward."