HATE CRIME
"Hate crime" is generally understood to be crime motivated by malice and ill-will towards a social group.
Common Law
The courts can take any aggravating factor into account when sentencing someone found guilty of any offence at common law.
Statutory Provisions
In recent years, provision has been made in statute in relation to offences aggravated by racial hatred or religious prejudice.
Part III of the Public Order Act 1986 introduced offences relating to the incitement of racial hatred, for which the maximum penalty is an unlimited fine or seven years' imprisonment.
Section 33 of the Crime and Disorder Act 1998 introduced an offence of racially-aggravated harassment, for which the maximum penalty is an unlimited fine or seven years imprisonment.
Section 96 of the Crime and Disorder Act 1998 made provision for offences racially aggravated, requiring courts to take such aggravations into account when determining sentence.
Section 74 of the Criminal Justice (Scotland) Act 2003 makes provision for offences aggravated by religious prejudice, requiring courts to take such aggravations into account when determining sentence and also to state the extent of and reasons for any consequent difference in sentence. This provision was enacted following the report of the Working Group on Religious Hatred.
Offences (Aggravation by Prejudice) (Scotland) Bill 2008
Following the introduction of the statutory religious aggravation in 2003 and the discussions which had surrounded it, the then administration set up a Working Group on Hate Crime.
The Working Group reported in 2004. Its headline recommendation was for the introduction of a statutory aggravation for crimes motivated by malice and ill will towards an individual based on their sexual orientation, transgender identity or disability.
In November 2007, Green Party MSP Patrick Harvie submitted a proposal for a Member's Bill to implement the recommendation of the Working Group. In January 2008, the Scottish Government announced its support for Mr Harvie's Bill and it was taken forward as a handout Bill.
The Offences (Aggravation by Prejudice) (Scotland) Bill was subsequently introduced to the Scottish Parliament on 19 May 2008. Details on the progress of the Bill through Parliament as well as the Bill itself and accompanying documents can be found on the Scottish Parliament website.