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WORKING GROUP ON HATE CRIME REPORT

4. CONSULTATION

4.1 We published a consultation paper on 27 January 2004 which looked at what measures could be taken to help tackle hate crime in the criminal justice system. It focused on whether legislation was needed, and if so what sort, while also asking whether the services of the police, Crown Office and Scottish Court Service could be improved.

4.2 One thousand copies of the consultation paper were printed. Initially, 593 were distributed according to a mailing list which comprised criminal justice agencies, voluntary organisations and local authorities. As the paper was publicised, the remaining 407 paper copies were sent out to those who requested them. In addition to the main consultation paper, we also produced an "EasyRead" version of the paper for people with learning disabilities. Both the main consultation paper and the "EasyRead" version of the paper were also made available on the Scottish Executive website; see http://www.scotland.gov.uk/about/JD/CJ/00017915/wghate_consult.aspx

4.3 The consultation paper was widely publicised by the organisations represented on the Group. The paper was also used as the focus for discussion at local events organised by various organisations, including the Scottish Civic Forum and the Scottish Police and LGBT Community Liaison Forum. The Executive also had 3 requests for alternative language versions of the paper (Urdu and Cantonese) and provided a summary of the paper in the translated form.

4.4 A total of 175 written responses were received, of which 102 were responses to the main consultation and 73 were responses to the EasyRead version. The number of written responses by type of respondent was as follows:

4.5 The large number of individual responses is mainly accounted for by the use of the "EasyRead" version of the paper, as all of the respondents to this paper were individuals.

4.6 A list of respondents' names is at Annex B. ⁹

Summary of findings from responses to main consultation paper on hate crime

4.7 We received 102 responses to this paper.

4.8

Q1 - Do you think it is appropriate to use some kind of specific legislation to address hate crime?

• 70% of respondents thought legislation should be introduced
• 22% of respondents did not think legislation should be introduced
• 8% of respondents did not make any comment

4.9

Q2 - If you think specific legislation should be used to address hate crime, what form do you think it should take? ¹⁰

• 36 respondents thought a statutory aggravation should be introduced
• 11 thought a statutory aggravation and offence should be introduced
• 6 thought a statutory offence should be introduced
• 5 thought a statutory aggravation, offence and incitement to hatred offence should all be introduced
• 2 thought an incitement to hatred offence should be introduced

4.10

Q3 - Are there specific groups (including the ones mentioned in the paper ¹¹ or other ones) that you think ought to receive special protection through legislation against hate crime? If so, which ones?

(Numbers show how many times the groups were mentioned by respondents.)

4.11

Q3 - Do you think different groups ought to be covered by different types of legislation?

• Only 1 respondent thought different legislation should be provided for different groups but did not suggest in what way.

4.12

Q4 - Do you think any of the following bodies (Police, Crown Office and Procurator Fiscal Service and Scottish Court Service) could improve their service to particular social groups to help tackle hate crime?

4.13 Most respondents recognised that all these bodies were improving their service to groups who face discrimination, particularly the police, but did suggest more that could be done. The suggestions included:

• More training for the police, Crown Office and Procurator Fiscal Service, Scottish Court Service, sheriffs, solicitors and children's panel members
• Information and advice should be available in alternative formats
• Long-term support should be offered to victims from the outset
• All agencies should have a common approach to tackling hate crime
• Ongoing dialogue between the criminal justice bodies and relevant hate crime stakeholders to ensure regular communication on how to combat hate crime (e.g. COPFS advisory group on race)
• Creative ways of prosecuting e.g. voice identification by the victim
• Freephone number for reporting hate crime

Police

4.14 Some respondents expressed concerns that victims of hate attacks felt that the police did not take crimes seriously or that the law was not enforced as it stands. Suggestions to combat this included:

• Police should have a liaison officer who could deal with ongoing harassment against, for example, disabled people
• Police should be more proactive in engaging with communities; community police should increase their contact with day services and residential services
• Police forces should identify and be aware of particular social groups in their area and adapt the way they operate accordingly. Strathclyde Police operate a vulnerable persons database, which is considered to be good practice

Crown Office and Procurator Fiscal Service (COPFS)

• Some respondents felt the Procurator Fiscal should push for longer and tougher sentences in hate crime cases ¹²
• VIA's profile should be increased and should be available to all groups ¹³
• Procurators Fiscal should not plea bargain away a "hate crime" aggravation

Scottish Court Service

4.15 Some respondents felt that courts and their procedures were highly intimidating. Suggestions for tackling this included:

• More separation of vulnerable witnesses from accused persons and their associates
• Court dates fixed well in advance and adhered to
• Familiarise victims with court processes in advance
• Scottish Court Service should include support to victims of hate crime in its action plan

Other

• Disposals should include restorative justice i.e. perpetrators should be obliged to face their victims and confront the consequences of their crime (subject to the willingness of the victim)
• Victim statements should be extended to all minority/vulnerable groups ¹⁴

4.16

Q5 - Could any of the measures set out in Chapter 4 of the consultation paper (including ASBOs, community wardens, Victim Support Scotland) be improved to help address hate crime? Are there other areas outside the criminal justice system that you feel ought to be improved in order to combat hate crime? If so, which areas and how would you suggest this is done?

4.17 Suggestions were as follows:

• Education on respecting individuals, particularly for school children in the context of good citizenship. Education was also mentioned in a wider sense in relation to awareness-raising for the public, which relates more to the second point below. Some respondents felt that all segregation in education should be removed
• Attitudinal campaigns like One Scotland Many Cultures and "See Me..." for discrimination against different social groups. The media portrayal of minority groups was also mentioned in relation to accurate reporting and the inclusion of minority groups in television programmes such as soaps. A Scottish Executive TV campaign against hate crime (similar to drink driving adverts at Christmas) was also suggested
• Community based local approaches to tackling anti-social behaviour and hate crime
• More Community Wardens
• Anti-Social Behaviour Orders should be used more.
• Aberdeen operates a Senior Citizens Assistance Network, which is a telephone based one stop shop, which would provide an opportunity of reporting hate crime
• Increased support to agencies like Victim Support
• Community Safety Partnership approaches
• Training for social workers; criminal justice social work services should have offenders assessed and supervised by specialist workers

Summary of findings from responses to EasyRead consultation paper on hate crime

4.18 We received 73 responses to this paper.

4.19

Q1 - Have you ever been attacked, intimidated, harassed or robbed?

• 78% answered yes to this question
• 14% answered no
• 8% did not give any comment
• Many of the experiences related to ongoing, non-violent harassment although there were some examples of more serious crimes such as violence and rape

4.20

Q2 - Do you think this happened because you have learning disabilities? ¹⁵

• Of those who had been a victim, 75% thought they had been targeted because they had learning disabilities

4.21

Q3 - Did you call the Police? Did the Police come to see you? Did you get help from the Police?

• Of those who had been a victim, just over half (60%) had sought help from the police
• Of those who commented in this section, responses varied, from the police being very helpful, for example, talking to the parents of the perpetrators and putting a trace on the house phone, to the police not providing any help at all
• Some respondents reported that they were made to feel that they were to blame or that the police did not believe them

4.22

Q4 - Did you get help from the Procurator Fiscal Service?

• 4 people said they had received help from the Crown Office and Procurator Fiscal Service
• For two individuals, the cases were marked no proceedings. One individual said that the court process could be a waste of time for people with learning disabilities

4.23

Q5 - Did you have to go to Court?

• 3 people said they went to court
• One case was still waiting to go to court, while another respondent said she was unable to go to court because of her epilepsy

4.24

Q6 - Did you get help from Victim Support?

• 6 people said they received help from Victim Support
• A few respondents said it had helped to talk about the incident. Another said she had found it difficult to find an appropriate support group. For one respondent, the police said they would ask Victim Support to get in touch but the victim did not hear anything more

4.25

Q7 - Did anyone else help you?

• Just over half of victims had been helped by other people
• This mainly included friends and family, staff from residential homes and support workers

4.26

Q8 - Do you think people with learning disabilities often get harassed or intimidated?

• 93% of respondents said that people with learning disabilities were often harassed or intimidated
• Comments included:

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