An independent working group has today recommended specific legislation for hate crimes towards individuals based on their sexual orientation, transgender identity or disability.

The Working Group on Hate Crime said that hate crime should be defined as "crime motivated by malice or ill will towards a social group".

The Group also said that it should be irrelevant whether or not the victim belongs to the particular social group in question, saying it is the motivation of the offender which is important.

The Group made 14 recommendations together with several suggestions covering the criminal justice system and some areas outside it. The main recommendation asks the Executive to introduce a statutory aggravation for crimes motivated by homophobic or transphobic prejudice or by prejudice towards disabled people.

The report of the Working Group on Hate Crime was presented to Scottish Ministers today, who said they would consider the report carefully.

Minister for Communities Malcolm Chisholm said:

"There is no place in Scotland for prejudice and discrimination. Crimes motivated by prejudice are particularly repugnant.

"We announced the setting up of the working group on hate crime in June 2003 to look at ways of combating crime based on hatred towards social groups because we recognised the trauma faced by many victims of hate crime.

"We welcome the report and its clear recommendations. We will now take the time to carefully consider all these recommendations before responding in detail.

"We are committed to making Scotland's communities safe, secure and clean and to delivering public services which focus on the interests of the victims of crime."

RECOMMENDATIONS

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.

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.

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.

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.

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.

Police forces should identify a liaison officer to take a strategic overview of ongoing harassment against particular people and groups in the community.

The profile of VIA (Victim Information and Advice) should be raised and all victims of hate crime should be automatically offered VIA support.

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 community or someone with a mental health problem) can do so if they wish.

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.

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.

The Scottish Executive should consider introducing a citizenship programme for schools which can incorporate work on combating prejudice at a young age.

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.

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.

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.

The Working Group on Hate Crime was set up by the Scottish Executive in June 2003 to consider the most appropriate measures needed to combat crime based on hatred towards social groups. Recommendations are based on the detailed work undertaken by the Group and on the responses to a consultation paper issued by the Group in January 2004.

The recommended legislation already exists for racist and religious hate crimes.

The members of the working group were:

Richard Scott, Head of Criminal Justice Division, Scottish Executive (Chair)
Emma Sinclair, Criminal Justice Division, Scottish Executive (Secretariat)
Alastair Carmichael, Crown Office and Procurator Fiscal Service (Mr Carmichael attended in an advisory capacity)
Keith Cowan, Outright Scotland
Ian Dickinson, Assistant Chief Constable of Lothian and Borders Police
Michelle Hegarty, Capability Scotland
Tim Hopkins, Equality Network
Ali Jarvis, Stonewall Scotland
Sandra McDougall, Scottish Association for Mental Health
Fiona McOwan, Engender
Euan Page, Disability Rights Commission
Helena Scott, Age Concern Scotland
Nicola Smith, Enable
John Wilkes, Equal Opportunities Commission

More information about the Working Group on Hate Crime is available online:

http://www.scotland.gov.uk/about/JD/CJ/00017915/wg_papers.aspx

Please contact the editor@anAurora.co.uk with any stories or features that you would like us to publish for you.

Top