SNP launches crackdown on sectarian hate crimes
SCOTS shouting sectarian abuse could face harsher sentences in a bid to crack down on hate crime.
Scotland is set to become the first part of the UK to define sectarianism in law under plans which could also see misogyny become a specific offence.
The Scottish Government proposals would see wolf-whistling outlawed – despite concerns raised by police union chiefs – and stricter penalties for those targeting the elderly.
The One Scotland: Hate Has No Home Here consultation was launched by Justice Secretary Humza Yousaf yesterday. It follows a review into existing laws by Lord Bracadale, which recommended creating additional statutory aggravations for age and gender.
But ministers have been warned that misogyny should not become a specific offence, with the Scottish Police Federation branding the plans ‘dangerous’. It raised ‘deep concerns’, claiming that allegations of sexual assault and harassment could be too readily believed with little investigation.
In his report, Lord Bracadale also suggested a specific offence was not needed.
Scottish Tory justice spokesman Liam Kerr said: ‘Lord Bracadale’s independent, expert review recommended using the existing framework of Scots Law to prosecute offenders, provided that aggravating factors are taken into account on sentencing.
‘Age and gender would be added as aggravators, alongside race and religion but not misogyny, because it would be unworkable. The potential for confusion is extensive, which could add considerably to the workload of Police Scotland without benefit to anyone.’
The plans will also see sec- tarianism defined in Scots Law for the first time, making Scotland the first part of the UK to do so.
A group of experts commissioned by the Scottish Government said ‘sectarian prejudice’ should be taken into account by the courts as an aggravating factor in crimes.
If passed, it means anyone sectarian abuse while carrying out an assault or other crime could face a harsher sentence.
Mr Yousaf met young people affected by hate crime on Wednesday morning.
He said: ‘Hate crime and prejudice are completely unacceptable and we are absolutely committed to tackling
‘Completely unacceptable’
them. The public’s voice is absolutely crucial in this process. We are determined to take this opportunity to shape our legislation so that it is fit for 21st century Scotland.
‘We know legislation in itself is not enough to build the inclusive Scotland we want and aspire to, but having robust law in place is vital so it is clear to all that this kind of behaviour is not acceptable in society.’
Lord Advocate James Wolffe, QC, said: ‘Crime motivated by hatred is not only a wrong against the individual, it is an affront to our collective values as a community, creating division and fear.
‘This is why we treat hate crime so seriously and why the Crown Office and Procurator Fiscal Service will continue to do so. We are committed to tackling hate crime.’
Sectarianism has no formal definition in Scots Law.
The Offensive Behaviour at Football Act was introduced in 2012 in a bid to stamp it out. But it was branded ‘flawed’ and heavily criticised by legal experts, fans’ groups and equalities organisations.
In March this year, opposition parties united to pass Labour MSP James Kelly’s Bill to scrap the Act by 62 votes to 60.