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WORKING GROUP ON HATE CRIME REPORT
2. LIST OF RECOMMENDATIONS
Legislation
Recommendation 1) The Scottish Executive should introduce a statutory aggravation as soon as possible for crimes motivated by malice or ill-will towards an individual based on their sexual orientation, transgender identity or disability. The legislation should be framed in such a way as to allow this protection to be extended to other groups by statutory instrument over time if appropriate evidence emerges that such other groups are subject to a significant level of hate crime. The legislation should ensure the recording of hate-motivated incidents (by the police), and reports and decisions of proceedings (by Crown Office and Procurator Fiscal Service) and convictions (by Scottish Criminal Records Office).
Recommendation 2) Hate-aggravated harassment and alarming and distressing behaviour is a major concern. Consideration should be given to whether a general statutory offence of harassment and alarming or distressing behaviour would be an effective tool to combat such conduct. This would then be applied with a statutory aggravation as described in recommendation 1. If such an offence is not introduced, guidance should be issued to police and prosecutors to ensure the rigorous application of breach of the peace, together with the statutory aggravation, to such offences.
Recommendation 3) The Scottish Executive should review the area of criminal law on violence against women and continue to investigate the link between the undermining of women in society and crimes of violence against women with a view to combating both. A statutory aggravation for domestic abuse should also be considered by the Executive.
Criminal Justice Agencies
Recommendation 4) After the introduction of a new statutory aggravation, the relevant authorities should include in their training suitable awareness-raising on this legislation for the police, social workers, COPFS, lawyers, solicitors and the Scottish Court Service. Procurators Fiscal should be encouraged not to plea bargain away the aggravation.
Recommendation 5) All agencies should ensure that information and advice about their service is easily available and accessible in different formats to cover the different needs of victims, particularly those with learning disabilities.
Recommendation 6) Police forces should identify a liaison officer to take a strategic overview of ongoing harassment against particular people and groups in the community.
Recommendation 7) The profile of VIA (Victim Information and Advice) should be raised and all victims of hate crime should be automatically offered VIA support.
Recommendation 8) The Scottish Executive should consider the feasibility of legislation or other means to ensure that any victim who appears in court and wishes to have their privacy protected from the press and public (such as a member of the LGBT 4 community or someone with a mental health problem) can do so if they wish.
Recommendation 9) Once the current trial of victim statements is completed, and depending upon its success, the Scottish Executive should extend the use of such statements to victims
of hate crime.
Recommendation 10) Sentencers should make greater use of alternative disposals for people convicted of hate crimes. The Scottish Executive should consider research to identify which alternative disposals are successful.
Areas outside Criminal Justice System
Recommendation 11) The Scottish Executive should consider introducing a citizenship programme for schools which can incorporate work on combating prejudice at a young age.
Recommendation 12) The Scottish Executive should implement attitudinal campaigns against prejudice using learning from the One Scotland Many Cultures and "See Me..." campaigns, focusing on the LGBT community and disabled people.
Recommendation 13) The Scottish Executive should convene a meeting with the major media organisations in Scotland to highlight the damage of negative media reporting in relation to disabled people and to the LGBT community, and encourage more responsible images and reporting.
Recommendation 14) The Scottish Executive should identify hate crime as one of the priorities to be addressed by Community Safety Partnerships. Community Safety Partnerships should ensure that their action plans and consultation mechanisms address the needs and seek the views of communities which have been or may be particularly affected by such crimes.
We also draw the reader's attention to the additional suggestions set out in paragraphs 6.5, 6.8 and 6.10 of Chapter 6.
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