Committee calls for new Scottish hate crime legislation

Friday, 8 October 2004 12:00 AM

A Scottish Executive appointed Working Group on Hate Crime has recommended the introduction of specific legislation to cover hate crime committed against individuals due to their gender, sexuality orientation or disability.

Similar legislation already exists for crimes committed with racist and religious hate motivations.

The committee was set up by the Executive in June 2003 to consider measures needed to "combat crime based on hatred towards social groups", and has among its membership representatives from social equality groups, such as the Equal Opportunities Commission, Stonewall and Age Concern Scotland. The authorities were also represented by the police and prosecutors.

Publishing its recommendations today, the committee said that hate crime should be defined as "crime motivated by malice or ill will towards a social group".

It recommends that the Executive introduces a "statutory aggravation for crimes motivated by homophobic or transphobic prejudice or by prejudice towards disabled people".

They also suggested that for the purposes of the legislation it should be irrelevant whether or not the victim belongs to the particular social group in question, with the motivation of the offender being the key factor.

Minister for Communities Malcolm Chisholm said: "There is no place in Scotland for prejudice and discrimination. Crimes motivated by prejudice are particularly repugnant.

"We welcome the report and its clear recommendations. We will now take the time to carefully consider all these recommendations before responding in detail."

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