SCOTLAND should become the first country in the UK to introduce hate crime laws covering gender and age, a High Court judge has recommended.
Lord Bracadale said offences involving hostility on the grounds of gender and age should be covered by hate crime legislation in addition to race, religion, disability, sexual orientation and transgender identity.
He made the recommendation as part of his independent review of hate crime legislation, which was submitted to Scottish ministers today.
He said: “In a civilised society people should be able to live together, respecting one another and treating each other fairly, regardless of differences.
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“Hate crime legislation will not achieve that alone. But a clear, well defined and implemented scheme does have a fundamental contribution to make.”
Lord Bracadale’s review also found no new legislation was needed on the back of the repeal of the Offensive Behaviour at Football Act earlier this year.
He said hate crime at football can be effectively dealt with using existing laws, such as breach of the peace.
However, the judge recommended new offences covering the stirring up of hatred should be brought in, and pointed out the Football Act had provided for this in relation to football matches and religion.
His review was announced in January last year by legal affairs minister Annabelle Ewing, and was tasked with examining whether existing hate crime legislation was adequate.
It has been looking at whether new hate crime laws are needed, whether current laws are appropriate and consistent, and if they need to be simplified or rationalised through a single hate crime act.
The review has also been examining whether new categories of hate crime for characteristics not currently legislated for, such as age and gender, need to be created.
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Ms Ewing said she agreed with Lord Bracadale’s finding that Scotland’s hate crime laws should be consolidated into a single piece of legislation.
She said: “The Scottish Government will use this report as a basis for wider consultation with communities and groups across the country on how to bring forward new legislation that is fit for the 21st century.
“We have been consistently clear that legislation alone will not achieve the inclusive and equal society that we aspire to, however the laws passed by Parliament do form a clear basis for what is and is not acceptable in the communities we are elected to serve.
“We will continue to work with communities across Scotland to build trust and understanding and, wherever possible, prevent hate crime from happening in the first place.”
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