Throughout the passage of the Hate Crime and Public Order (Scotland) Act 2021, we asked MSPs to consider how to guard against the risks of a chilling effect on those who wish to speak freely, in ordinary language, about questions around sex and gender identity. This was because ‘abusive’ and ‘hate’, key terms in the Act, are so unusually contested in this specific area. We pressed, unsuccessfully, for more specific clarity on the face of the Act about what it did not catch, to make that easier for everyone to understand.
In the absence of greater clarity in the Act itself, that reassurance is still needed. Police Scotland needs to take practical steps to build trust and confidence in how the law will be applied. It needs to provide reassurance that any complaints that interfere with or deter legitimate freedom of expression will quickly be screened out, and that it will be difficult to be drawn into even the earliest stages of an investigation. At the time of writing, Police Scotland is yet to make that clear.
Our main concern therefore remains the potential disruptive effect of police investigations into complaints, even if few or none of these result in charges, prosecutions or convictions. We know there is anxiety around this.
You can access the guide here.
We want women to feel confident in continuing to speak when and how they want to. We decided the most immediate practical help we can give is to reduce the fear of the unknown, by providing information on what rights we all have, and what we can do to protect those, if ever the police get in contact. This is why we have produced The Women’s Guide to the Hate Crime and Public Order (Scotland) Act 2021.
The guide has been read for legal accuracy by a lawyer, but we are not lawyers, and this guide cannot and should not be used as a source of legal advice about handling particular cases. Only a lawyer can give that. The guide also provides links to other sources of similar advice, from the Scottish Government, Citizens’ Advice and others, but unlike those, it also provides quick access to what the Act says, and other relevant legal references. It explains when you are entitled to free legal advice, and suggests ways to find that, should you ever need it. It provides some information also on “non-crime hate incident” reports, although the situation there is currently not very clear and may change further.
We hope that women will not need to put this guide to practical use, but that if they know their rights, they will feel more confident about being able to speak their minds in the way they want.
https://murrayblackburnmackenzie.org/2024/04/07/a-womans-guide-to-the-hate-crime-and-public-order-scotland-act-2021/