Lesson 2 - Hate Crimes Flashcards
Define hate crime?
“Any crime which is perceived by the victim or any other person as being motivated (wholly or partly) by malice and/or ill will towards a social group”
What are the 5 protected groups under hate crime legislation in Scotland?
1) Disability
2) Race (racism- prejudice or discrimination based on race, especially the belief that one race is superior to another)
3) Religion - a belief held by a group of people. People can experience this even if they don’t have a religion.
4) Sexual orientation - hetrosexual, bisexual, homosexual, asexual
5) Transgender identity
What would you call it when a hate crime is reported and following investigation, no criminality is established?
A hate incident
Can the evidence of a single witness prove a charge?
No. But it is competant to liable a hate crime aggrivation based on the evidence of one person.
What questions do you ask to establish a hate crime or incident!
Who perceived the incident to be hate related?
Why that persons perceived the incident to be hate related?
What impact did the incident have on the victim and or community?
The evidence of a single witness is not sufficient to prove a charge.
However it is competent to liable a hate crime aggravation based on the evidence of one person.
What is racially aggravated H(A)rassment?
Section 50(1)(a) of the Criminal Law (Consolidation) (Scotland) Act 1995
A person is guilty of an offence if they pursue a racially aggravated course of conduct which amounts to harassment of a person and it:
Is intended to amount to harassment of that person, or
Occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person
(This should be an offence when there is MORE THAN ONE) to incident involving the accused.
What is racially aggravated behaviour?
Section 50A (1)(B) of the Criminal Law (Consolidation) (Scotland) Act 1995 states
A person is guilty of an offence under this section if they act in a manner which are a racially aggravated and which:
- causes
- is intended to cause
A person alarm or distress
A course of conduct or an action is racially aggravated if immediately
Before, during or after carrying out the course of conduct.
The word immediately maintains the link between the hostility and the conduct or action.
Aggravations of a crime.
An aggravation is not a substantive crime or offence in its own right but a circumstances or services of circumstances which make a perpetrators criminal or offensive conduct even worse.
Legislation has been passed that if an offender is convicted of an offence and it was proved that the offence was aggravated by prejudice, the court must take this into account when determining the sentence
Race
What is s96 crime and disorder act 1998
Highlights offences which are wholly or partly racially aggravated.
This section does not create an offence in its own right I.e. not a substantive offence.
But formally recognises that an action which is already a crime or offence is made worse by the motivation behind it.
This can apply to all types of crimes and offences where there is an element of of “racially aggravated conduct”.
Relgious
S74 of the Criminal Justice (Scotland) Act 2003
This section does not create an offence in its own right I.e. not a substantive offence.
But formally recognises that an action which is already a crime or offence is made worse by the motivation behind it.
An offence is aggravated by religious prejudice if:-
- at the time of committing the offence, immediately before or immediately after, the offender evidences towards the victim, malice or Ill will based on the victims membership (or presumed membership) of a religious group, or social or cultural group with perceived religious affiliations.
- The offence is motivated (wholly or partly) by malice or Ill will towards members of a religious group or of a social or cultural group with perceived religious affiliations l.
Disability
S1 of the offences (aggravations by prejudice) (Scotland) Act 2009
Offences aggravated by prejudice based on disability
Disability hate incidents take many forms including:- • verbal and physical abuse • teasing • bullying • threatening behaviour • online abuse • threatening or insulting texts • damage to property
Can be one off or as part of an ongoing campaign of harassment or intimidation.
There is no specific disability hate crimes. Any criminal offence can be a disability hate crime, if the offender targeted someone because of their hostility or prejudice against a disabled person
Sexual Orientation
Section 2 of the offences (aggravation by prejudice) (Scotland) Act 2009
