Police Scotland to rigorously enforce the Hate Crime & Public Order Act – But is there to remain a force within a force ?

Humza Yousaf’s Hate Crime and Public Order (Scotland) Act is to be implemented in early 2024.

Police Scotland has set up a dedicated hate crime unit to enforce the controversial new laws coming into force early next year. The legislation consolidates existing law and extends protection for vulnerable groups with a new offence of “stirring up hatred”.

Under the Act, offences are considered “aggravated” – which could influence sentencing – if they involve prejudice on the basis of age, disability, race, religion, sexual orientation, transgender identity or variations in sex characteristics.

Critics fear a disproportionate amount of police time will be diverted into policing toxic gender culture wars, with an over-emphasis on “pursuing hurtful words but not violent conduct”.

They claim the new laws will also have a “chilling effect” on free speech and warn that campaigners supporting women’s rights may find themselves facing accusations of transphobia.

Helen Joyce, director of advocacy with human rights group Sex Matters, said:

“The establishment of a new, dedicated hate crime unit at Police Scotland sends a sinister message to those who advocate for women’s and children’s rights. Humza Yousaf’s dangerous hate crime law erodes free speech and has already been delayed due to difficulties facing the police.”

Former Scottish Justice Minister Kenny MacAskill said:

“Police Scotland are in danger of taking their eye off the ball. All new legislation requires training for officers. But the establishment of a unit when it should be part of the day job gets things out of kilter. The main hate crime has always been and remains misogyny and domestic violence. Sectarianism and racism also remain scars on our society. The danger here is that the focus moves onto those who have been most vocal in demanding action even when statistics and all the evidence show it to be very small indeed. Nobody denies that hate offences against transgender should be prosecuted but there’s a clear danger that a unit such as this reacts to those siren voices seeking to find it under every stone or seeing it in every social media post. Maybe resources should continue to address domestic violence and the other curses that blight our land, not seek new vogues for a demanding few.” (The Express)