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Scotland’s new hate crime law could be used to ‘settle scores’, say critics

  • BY Frederick Attenborough
  • April 2, 2024
Scotland’s new hate crime law could be used to ‘settle scores’, say critics

There are fears innocent people could end up on police databases with controversial new hate crime laws in Scotland being weaponised to “settle scores”.

As reported by Sky News, legislation is being introduced on 1 April criminalising threatening or abusive behaviour which is intended to stir up hatred based on certain characteristics including age, disability, sexual orientation, and transgender identity. The report continues:

The rules will apply in people’s private homes and online.

Women’s groups, which have been vocal in the transgender debate in Scotland, fear social media posts could be used to target opponents.

Susan Smith, director at the For Women Scotland campaign group, said: “It’s a mess.

“Much of this is very vague as stirring up offences seems to be based on someone’s perception that someone is being hateful towards them, and they can make a complaint and the police are saying they will investigate everything.”

“There will be a lot of malicious reports,” added Ms Smith.

“We know that there are people out there who have lists of people they are looking to target. They are seeing this as an opportunity to settle scores and make political points.”

Police Scotland, the second largest force in the UK, has committed to investigating every single hate complaint it receives.

It comes amid a backdrop of major changes to policing that mean some minor crimes will no longer be investigated due to budget cuts.

Worth reading in full.

If you’re concerned about the Hate Crime and Public Order (Scotland) Act 2021, and the number of innocent Scots likely to be get entangled in its net, please do consider donating to our newly established Scottish Fighting Fund. You can do so here.

Any money generated by this fundraiser between now and 31st March 2025 that we don’t spend on Murdo Fraser’s case will be spent on fighting cases related specifically to the Hate Crime and Public Order (Scotland) Act.

To provide FSU members with as much peace of mind as we can, we have an arrangement in place with a top firm of criminal lawyers in Scotland so we can assign a solicitor to FSU members who are arrested or questioned under caution because they’re suspected of committing a speech-related ‘hate crime’ (as defined in the new law), although whether we help them in this way, and whether we continue to help them after the first police interview, will be discretionary.

Another benefit of joining the FSU is we can help you get NCHIs deleted from your record, as we just did with Conservative MP Rachel Maclean, who had an NCHI recorded against her after tweeting about the Green Party candidate in her constituency, a trans woman (on which more in a moment).

We will also be publishing an FAQs on what to do if you are contacted by Police Scotland, having been reported for a ‘hate crime’, shortly.

Any money left over in the fundraiser after 12 months will be transferred to our general funds.

In light of this new threat to free speech, we hope FSU supporters will consider becoming members by clicking here, particularly if they’re resident in Scotland.

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  • Home
  • About Us
    • About Us
      • Company Staff
      • Founders & Board
      • Advisory Council
      • Legal Advisory Council
      • Writer’s Advisory Council
      • Scottish Advisory Council
      • Northern Ireland Advisory Council
    • The Freedoms We Defend​
      • Freedom of Speech
      • Freedom of Expression
      • Academic Freedom
      • Freedom of the Press
      • Freedom of Religion
    • Scotland
    • Northern Ireland
  • Latest News
  • FAQs
  • Resources
    • Informative Guides
      • Online Offences Related to Civil Disorder FAQs
      • FAQs About Scotland’s Hate Crime Act
      • FAQs About What to do if You’re Contacted by Police Scotland About a Speech-Related Complaint
      • Freedom of Speech Online FAQs
      • Freedom of Expression on Campus FAQs
      • How to Make a Freedom of Information Request
      • Gender Pronouns in the Workplace
      • How to Remove Non Crime Hate Incident from your Police Record
      • Navigating Social Media and the Workplace
      • What to do if You’ve Been De-Banked
      • Anti-Racism and Unconscious Bias Training
      • The Governments Consultation on Reforming the Human Rights Act
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    • Time to Scrap Non-Crime Hate Incidents
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