This item was published during the term of a previous administration that ended in April 2007
Listen
Courts using new laws on religious bigotry
27/11/2006
Scottish courts are making increasing use of new laws that tackle religious hatred as an aggravated offence, according to research published today.
The report, Religiously Aggravated Reported Crime: An 18 Month Review, finds that:
- The number of offences reported by the police with a religious aggravation increased by 55 per cent when comparing June- December 2003 and June -December 2004
- There were 726 charges with a religious aggravation reported between January 1, 2004 and June 30, 2005, of which 441 (61 per cent) were proven. Three hundred and eighty six (88 per cent) of the proven charges were for breach of the peace
- Although the majority of offences reported occur in the west of Scotland, a significant minority of those accused of these offences live elsewhere
- There were 635 accused in the cases considered, of which 92 per cent were male, with the majority aged between 21 and 40
- Reported offences most commonly occurred in the street (28 per cent), followed by football stadia (19 per cent) and residential areas (15 per cent)
- Just under a third of cases (174) were reported as related to football, 64 (12 per cent) as related to marches and parades, and 242 (45 per cent) involved alcohol
Justice Minister Cathy Jamieson said:
"Crime in Scotland is falling. Violent crime is at its lowest level since devolution. Scotland is becoming a less violent place. And now we can clearly see that crimes motivated by bigotry and religious intolerance are not only being punished, but they are being publicly recorded as the disgrace they are.
"The message is clear - bigots and bullies have no place in a modern Scotland and will be shamed.
"This research shows that we were right to identify the problem in our midst. The powers we have introduced are allowing the law to recognise religious intolerance and to treat it with the seriousness it demands. They also mean that victims can have confidence that the law is on their side. This report will add to our growing body of evidence to help us to continue our drive to free Scotland from sectarianism.
"Already we have provided a clear lead - with these new sentencing powers, modernisation of the way marches and parades are organised, education resources, football banning orders, and the ongoing work set out in the Action Plan on Tackling Sectarianism. We will continue to build on this.
"Ending religious intolerance requires a national effort. We will all have a part to play in what must be a sustained, long-term approach. I am encouraged that we are on the right track. By working together we can realise the Scotland of tolerance and respect that we all want."
Assistant Chief Constable Kevin Smith, Secretary of the Association of Chief Police Officers in Scotland's Criminal Justice Business Area, said:
"The number of arrests for offences aggravated by religious prejudice is evidence of the commitment of the Scottish Police Service to tackle sectarianism.
"It is important to emphasise that enforcement activity is but one aspect and the Scottish Police Service is also fully involved in a range of diversionary and educational initiatives with the football authorities and the Scottish Executive.
"The analysis is an important piece of work reflecting enforcement activity in the early stages of Section 74. Since then, the Scottish Police Service has continued to examine ways of tackling 'sectarian' offending across Scotland, and will continue to do so."
Section 74 of the Criminal Justice (Scotland) Act 2003 was implemented on June 27, 2003 and states that an offence is aggravated by religious prejudice if -
- At the time of committing the offence or immediately before or after doing so, the offender evinces towards the victim of the offence malice and ill-will based on the victim's membership (or presumed membership) of a religious group, or of a social or cultural group with a perceived religious affiliation
- Or, the offence is motivated (wholly or partly) by malice and ill-will towards members of a religious group, or of a social or cultural group with a perceived religious affiliation, based on their membership of that group
The Act states that, when sentencing, the court must take the aggravation into account and must state the extent of, and the reasons for, the aggravation making a difference to the sentence which would otherwise have been imposed if the offence did not feature such an aggravation.