Scottish Hate Crime Bill - information and resources.

[ArabellaScott]

Well. Here we go.

Disclaimer: I don't have any special expertise or knowledge. Check everything for yourself.

The Bill:

https://www.legislation.gov.uk/asp/2021/14/contents/enacted

PART 1 Aggravation of offences by prejudice

PART 2 Offence of racially aggravated harassment

PART 3 Offences relating to stirring up hatred

It's part three that is most relevant to women and feminists.

I'll just paste the whole of Part 3:

(1)A person commits an offence if—

(a)the person—

(i)behaves in a manner that a reasonable person would consider to be threatening, abusive or insulting, or

(ii)communicates to another person material that a reasonable person would consider to be threatening, abusive or insulting, and

(b)either—

(i)in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or

(ii)a reasonable person would consider the behaviour or the communication of the material to be likely to result in hatred being stirred up against such a group.

(2)A person commits an offence if—

(a)the person—

(i)behaves in a manner that a reasonable person would consider to be threatening or abusive, or

(ii)communicates to another person material that a reasonable person would consider to be threatening or abusive, and

(b)in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to a characteristic mentioned in subsection (3).

(3)The characteristics are—

(a)age,

(b)disability,

(c)religion or, in the case of a social or cultural group, perceived religious affiliation,

(d)sexual orientation,

(e)transgender identity,

(f)variations in sex characteristics.

(4)It is a defence for a person charged with an offence under this section to show that the behaviour or the communication of the material was, in the particular circumstances, reasonable.

(5)For the purposes of subsection (4), in determining whether behaviour or communication was reasonable, particular regard must be had to the importance of the right to freedom of expression by virtue of Article 10 of the European Convention on Human Rights, including the general principle that the right applies to the expression of information or ideas that offend, shock or disturb.

(6)For the purposes of subsection (4), it is shown that the behaviour or the communication of the material was, in the particular circumstances, reasonable if—

(a)evidence adduced is enough to raise an issue as to whether that is the case, and

(b)the prosecution does not prove beyond reasonable doubt that it is not the case.

(7)For the purposes of subsections (1)(a)(i) and (2)(a)(i), a person’s behaviour—

(a)includes behaviour of any kind and, in particular, things that the person says, or otherwise communicates, as well as things that the person does,

(b)may consist of—

(i)a single act, or

(ii)a course of conduct.

(8)For the purposes of subsections (1)(a)(ii) and (2)(a)(ii), the ways in which a person may communicate material to another person are by—

(a)displaying, publishing or distributing the material,

(b)giving, sending, showing or playing the material to another person,

(c)making the material available to another person in any other way.

(9)A person who commits an offence under this section is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both), or

(b)on conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both).

What could possibly be described as activist fringe?

And why are they a problem that's not already being dealt with under harassment laws?

Hmmm.

Of course they will

Why would any police force want to be the internet world moderator

Scotgov seem to have zero idea what human behaviour is when it comes to online use

That letter from the horses mouth and to archive a copy - see https://nitter.poast.org/nyfulekno/status/1772962320253161638#m

Let’s hope this whole thing folds like an origami umbrella in the Scottish weather!

(sorry if posted earlier - I am catching up).

That's an excellent letter.

For what it's worth, Polis, the fear isn't so much that you will be targetting people, it's that you will be FORCED to target people; the police will be weaponised by bad actors to harass certain groups of people, not least because PS have committed to investigate every report.

Raises a good point, though.

https://www.scotland.police.uk/about-us/how-we-do-it/complaints/what-is-a-complaint/

'You can complain to Police Scotland about our action or lack of action, or about the standard of service provided by us.
Complaints can be made about individuals who work for Police Scotland, including serving officers, members of police staff, contractors and volunteers or the quality of service provided by Police Scotland as an organisation.
If your complaint is about the police as an organisation you need to have been adversely affected or dissatisfied about the issue you're complaining about.
If your complaint is about a person who works for the police, you need to have either witnessed their actions or have been adversely affected or be dissatisfied with them.
For example, you can't make a complaint about a video you've seen on a mobile phone or social media involving people you don't know or an event you didn't attend if it did not adversely affect you.
If you are not sure if you have grounds for a complaint, please contact us so that we can discuss the circumstances with you.

How to make a complaintHow to complain to us:

• Use our online Complaint Capture Form
• Write to us at: Professional Standards Department, PO Box 2460, Police Scotland Dalmarnock, Glasgow, G40 9BA
• Call 101
• Visit your local police station.

You can also ask anyone else to make a complaint on your behalf, as long as you give them your written permission. To make a complaint about the action or omissions of the Chief Constable, our Deputy/Assistant Chief Constables, members of the Scottish Police Authority (SPA) board or staff, or the SPA itself please contact the Scottish Police Authority (SPA).'

So anyone adversely affected and targeted by Hate Crime Act can presumably complain to the police about it. I wonder if we can complain on the basis of the chilling effect and/or the impinging on freedom of speech.

https://www.thetimes.co.uk/article/7d611362-d8dc-4f9c-ae99-1c643a4f1868?shareToken=a1605a1a3085cf09dd8ca4e41817a83a

'These categories are more extensive than those included in legislation in place in England and Wales. Expressions of antipathy, dislike, ridicule or insult all fall within the legislation’s remit.'

https://wingsoverscotland.com/the-great-genocide/

A report the reasoning behind including trans people and excluding women from the HCA:

'We already know that worldwide, trans people are the safest recorded demographic on the face of the planet. So perhaps it’s a problem exclusive to Scotland? We decided to do some research and see if we could find a pattern of hate crimes being committed against transgender people since the Bill was introduced almost four years ago.'
'The total number of hate crimes (that is, actual crimes of which someone was convicted, not just Non-Crime Hate Incidents where someone claimed to have had their feelings hurt) we’ve been able to discover in that period is… zero.We found rather a lot of crimes committed BY transgender people, including extremely serious and infamous cases like the “Isla Bryson” rapes and the kidnap and sexual assault of an 11-year-old girl by Andrew “Amy George” Miller.
But as yet we haven’t been able to turn up a SINGLE case of a trans person being the VICTIM of a crime in Scotland in those four years, let alone one where being trans was the cause of their being targeted.'Going back a bit further, Wings has found two cases of assault recorded against trans people, of which more detail in the article. 'Not a single transgender person is ever recorded as having been murdered in Scotland in all of the nation’s history, while around 15 women a year are. Women are excluded from the protected categories in the Hate Crime Bill.And yet in a few days’ time, simply reporting these facts together runs the risk of being a hate crime in itself, if someone deems that doing so might contribute to “stirring up hatred” of trans people rather than (or even as an unintended side-effect of – the law does not require intent) journalistic inquiry into the comments of MSPs.'

A protest against the HCA is planned for 1st of April at 1.30, Holyrood.

Police Scotland has finally answered the justice committee

https://x.com/mbmpolicy/status/1773380328498896979?s=20

Tess White MSP:

'I have offered to host an urgent roundtable with Police Scotland and women's groups. It's vital we discuss how to protect women's rights to freedom of association and expression with the Hate Crime Act coming into force. My letter to the Chief Constable'

https://twitter.com/TessWhite4NE/status/1773295186061185360

Joanna Cherry has offered her expertise and input. I hope PS take them up on this offer.

'I’m keen to support & participate in this excellent initiative. Action by Police Scotland in relation to the new Hate Crime Act raises issues under the Human Rights & Equality Acts & I would be keen to contribute based on my experience as lawyer & lawmaker.'

https://twitter.com/joannaccherry/status/1773310460445507918

Humza Yousaf discussed Hate Crime Act and NCHIs today.

https://www.scottishparliament.tv/meeting/first-ministers-questions-march-28-2024?clip_start=12:00:17&clip_end=12:13:08

https://news.sky.com/story/scotlands-new-hate-crime-law-could-be-used-to-settle-scores-say-critics-13102889

'Police Scotland refused to be questioned by Sky News on camera about the new law.
A statement from a spokesman said: "Our training package has been developed in close consultation with diversity staff associations to ensure all protected characteristics under the new Act are clearly represented and articulated, and that officers are best prepared when they respond to hate crimes and incidents.'

😶

An article from I presume a right-wing angle, criticising the Conservatives lack of vision. Interesting because it may reveal some of the problems of parties collapsing into a vague mush of centrism - we may gain consensus but lose the benefits of having a healthy opposition to challenge assertions.

I note the Scottish Tory leader in Holyrood yesterday agreed that there should be no tolerance of 'hate', which really leaves you no place to go when attempting to argue for freedom of speech. 'Say whatever you like so long as nobody is upset by it' is acceding to authoritarianism.

https://www.telegraph.co.uk/news/2024/03/25/yousafs-tory-free-scotland-is-no-longer-free/

Doc Stock in Unherd

https://unherd.com/2024/03/scotlands-hateful-hate-crime-law/

Ginger muppet, ha ha ha

I'm assuming this will be a near re-run of Christmas over Easter weekend ahead of April 1. Less Easter Bunny, more the local PCs with a hate monster lapel badge.

In anticipation of little visits, is there a packing list for our go-bags? Or detention bags?

ETA: I hugely enjoyed the Rozzer thread and FWR posters speculating about whether they'd have time to finish cooking the turkey or should use it as a reason to abandon the usual Christmas dinner preparation.

Great article from K Stock, thanks for the share.

'...in Scotland crazily myopic and illiberal measures continue to be waved through, with stunning condescension on the part of their smug originators. In other words, there’s no use appealing to what some hypothetical reasonable person would think, when there appear to be no such people in the vicinity.'

Wings over Scotland, political commenter, is shutting down his website and social media.

Whether or not you agree with his views, this is bad news for plurality of media and a perfect example of the chilling effect in action.

I'm sure the SNP will be delighted .

'Scotland is no longer a country where free speech is permitted, and even not living there may not afford much in the way of protection'

https://wingsoverscotland.com/the-eve-of-war/

Honestly I find wings being scared off genuinely frightening- I'm not a fan of him or Scoxit but he has been an amazing resource & opened sets of eyes that feminist groups had no access to. He's also tenacious so is not quitting without being sure he has reason to.

we're utterly fucked

They're now promoting in with a video ad on Facebook. Dozens of comments, all but one of which were saying pretty much what we say on here, though mostly without particular reference to GC beliefs.

"I can't breathe." was one simple comment that I think sums it up.

(Of course, this is Facebook, so I don't know how representative it is of the general public.)

No. we are absolutely not. The gender koolaid nutters will think come April 1 that Christmas has come. Which it will have for them. But.....the sunami of vexatious complaints will render the act completely unworkable (and I suspect any other police work at other than this) in a matter of days. This time next week the Scottish Babylon will be a total binfire.

https://nitter.poast.org/WingsScotland/status/1773816091505987743#m

9m
Almost exactly enough to cover rejoining @ freespeachunion for a year. Sorted. freespeechunion.org/join/

Does this mean he’s staying?

Yes I agree the law is unworkable- as the SNP were told repeatedly
I mean a more general we're fucked 😂 because these idiots repeatedly pass laws that are unworkable & until they are proved so people will suffer <starts blithering on about the bloody Named Person fiasco etc> It's all very well if it hides away because the police can't manage it but if it's still there on the books then speech is still stifled. And the fact the bill is the FM's baby, it will be harder to get rid off.

The SNP continues to damage Scotland.

On the upside I went to see this today & think you're the women to enjoy it 😁