From Police Scotland:
The definition of a hate crime is:
'Any hate incident, which constitutes a criminal offence, perceived by the victim or any other person, as being motivated by prejudice or hate'.
A hate crime is based upon any of the following:
â—¾Race
â—¾Sexual orientation
â—¾Faith
â—¾Disability
â—¾Transgender identity
There has to be a criminal offence committed for there to be a hate crime. Hate incidents are a bit looser I think.