https://www.scotland.police.uk/spa-media/5yagp2ye/hate-crime-national-guidance.doc
The Police Scotland national guidance went into the definitions of hate and 'malice and ill will' a wee bit:
'Malice and ill-will
Understanding malice and ill-will is important to understanding the extent of the hate. The term hate implies a high degree of animosity, whereas the definition and the legislation require that the crime must be demonstrated or motivated (wholly or partly) by malice and ill-will.
(In the absence of a precise legal definition of malice and ill-will, consideration should be given to the ordinary dictionary definition, to wish someone harm).
Perception
For recording purposes, the perception of the victim or any other person is the defining factor in determining whether an incident is a hate incident or in recognising the malice element of a crime. The perception of the victim should always be explored, however they do not have to justify or provide evidence of their belief and police officers or staff members should not directly challenge this perception. Evidence of malice and ill-will is not required for a hate crime or hate incident to be recorded and thereafter investigated as a hate crime or hate incident by police.'