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Hate Crime and Public Order (Scotland) Act 2021

Consolidated Text As Enacted Cited authorities 18 Cited in Amendments 5 Related
Vincent
JurisdictionScotland
at the time of committing the offence, or immediately before or after doing so, the offender demonstrates malice and ill-will towards the victim, andthe malice and ill-will is based on the victim's membership or presumed membership of a group defined by reference to a characteristic mentioned in subsection (2) , orwhether or not there is a specific victim of the offence, the offence is motivated (wholly or partly) by malice and ill-will towards a group of persons based on the group being defined by reference to a characteristic mentioned in subsection (2) .age,disability,race, colour, nationality (including citizenship) , or ethnic or national origins,religion or, in the case of a social or cultural group, perceived religious affiliation,sexual orientation,transgender identity,variations in sex characteristics.(3) It is immaterial whether or not the offender's malice and ill-will is also based (to any extent) on any other factor.(4) Evidence from a single source is sufficient to prove that an offence is aggravated by prejudice.(5) In this section—
  • “membership”, in relation to a group, includes association with members of that group,
  • “presumed” means presumed by the offender.
libelled in an indictment, or specified in a complaint, that an offence is aggravated by prejudice, andproved that the offence is so aggravated.that the offence is aggravated by prejudice, andthe type of prejudice by which the offence is aggravated (by reference to one or more of the characteristics mentioned in section 1(2) ) ,that the offence is aggravated by prejudice, andthe type of prejudice by which the offence is aggravated (by reference to one or more of the characteristics mentioned in section 1(2) ) ,take the aggravation into account in determining the appropriate sentence, andwhere the sentence in respect of the offence is different from that which the court would have imposed if the offence were not so aggravated, the extent of and the reasons for that difference, orotherwise, the reasons for there being no such difference.is intended to amount to harassment of that person, oroccurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person, oracts in a manner which is racially aggravated and which causes, or is intended to cause, another person alarm or distress.the offender demonstrates malice and ill-will towards the victim, andthe malice and ill-will is based on the victim's membership or presumed membership of a group defined by reference to race, colour, nationality (including citizenship) , or ethnic or national origins, orthe course of conduct or action is motivated (wholly or partly) by malice and ill-will towards a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship) , or ethnic or national origins.(3) It is immaterial whether or not the offender's malice and ill-will is also based (to any extent) on any other factor.(4) A course of conduct must involve conduct on at least two occasions.(5) In this section—
  • “conduct” includes speech,
  • “harassment” of a person includes causing the person alarm or distress,
  • “membership”, in relation to a group, includes association with members of that group,
  • “presumed” means presumed by the offender.
on summary conviction, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both) , oron conviction on indictment, to imprisonment for a term not exceeding 7 years or a fine (or both) .behaves in a manner that a reasonable person would consider to be threatening, abusive or insulting, orcommunicates to another person material that a reasonable person would consider to be threatening, abusive or insulting, andin doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship) , or ethnic or national origins, ora reasonable person would consider the behaviour or the communication of the material to be likely to result in hatred being stirred up against such a group.behaves in a manner that a reasonable person would consider to be threatening or abusive, orcommunicates to another person material that a reasonable person would consider to be threatening or abusive, andin doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to a characteristic mentioned in subsection (3) .age,disability,religion or, in the case of a social or cultural group, perceived religious affiliation,

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