Hate Crime Hub
What is hate crime? | Report a hate crime here | Criminal Law in Scotland
What is a Hate crime?
Hate crimes are crimes (criminal offences that break the law of the land) motivated by prejudice of some kind.
Race (including nationality, ethnicity, and skin colour)
Religion
Sexual orientation
Disability, including physical disability, learning disability, and mental health difficulty
Transgender identity
What’s the difference between Hate crime and hate incident?
Why you should report a Hate crime?
Reporting hate crimes makes you a part of the movement to stop it. There is no hate incident too small to acknowledge, call out, or report.
Reporting hate crimes helps build a bigger and better picture of what’s going on in your city or locality. This, in turn, helps everyone from the police to the community to local organisations understand which groups or individuals are most vulnerable and need the most protection.
Reporting hate crimes also helps prevent them from happening to other people.
Even if you have never experienced a hate crime yourself, you definitely have had close friends, family, and community members who have.
You do not have to accept these behaviours as the norm.
Pyramid of hate and explanation
Street harassment and bullying may seem like small things that ”everyone has to go through”, but the normalisation of these practices, especially towards minority groups and communities of colour, eventually lead to their escalation.
Small things like calling COVID-19 ”kung-flu” or the fetishisation and dehumanisation of Asian migrants build up and contribute to the proliferation of incidents like the death of eight people in Asian-run spas in Atlanta or the murder of Filipino mother and immigrant Bennylyn Aquino and Jellica Dakaria Aquino, also known as ’Benilyn Burke’.
What happens when I report a hate crime?
Process of what happens when you report a hate crime
For more information, you can download the Hate crime leaflet from Police Scotland here:
What happens when you’re called to court?
If the person being charged pleads "not guilty" when given the charge, the victim and witnesses will be required to attend Court and sit the trial. Witnesses will receive a letter from the Procurator Fiscal requiring their attendance called a Citation, with the date and time of the case and which Court to attend.
If anyone is uneasy about giving evidence, they can request a friend to attend court with them or have someone from Victim Support. Additional needs, such as interpreters, hearing loops, and wheelchair access will also be provided.
Witnesses will be asked to give evidence and to identify the person within the court who was involved in the original incident. They may also be asked to describe the events that occurred. Once the evidence has been presented, the Court will decide if the person is guilty or not.
Victim protection/Witness protection
If I get too violent, will I risk ending up in trouble?
From English common law: “A defendant is entitled to use reasonable force to protect [themselves], others for whom [they are] responsible and [their] property. It must be reasonable.”
Was there a need to use force?
Did you use the same amount of force that the person committing the crime would have?
If it fulfils these criteria, you are within your legal rights to use force in self-defence.
2. Right to self-defence
Your right to self-defence justifies your actions against people committing hate crimes or other acts of crime and violence that use force.
What should I do if I'm being harassed/have been harassed in public?
Hollaback response to harassers
Website: www.ihollaback.org/responding-to-harassers/
Trust your instincts
a. There is no “right” or “perfect” response to harassment but having some kind of response (either in the moment or later) can reduce the trauma associated with it.
b. It’s okay if do not feel comfortable doing anything. It is okay to smile and keep walking. You decide whether it was right for you.
Reclaim your space – Only engage if you feel safe enough to respond!
a. Set the boundary – Tell the harasser clearly what you want them to do and why. “I want you to stop following me.” “Do not [whatever they are doing]. That is harassment.” “Do not speak to me like that.” Don’t be apologetic and do not try to argue with them and engage in further conversation. Once you’ve said what you wanted to say, leave and keep moving.
b. Engage bystanders – Call people nearby and loudly announce what the harasser is saying/doing and identify them. “The man in the red hat is harassing me, please help!” You can then tell people what you’d like them to do: “Please call the police.” “Can you take a video of what is he doing and send it to me?” “Can you keep me company?” People usually understand that street harassment is wrong and most people will want to help you. There is no shame in asking for help. It does not mean that you are weak at all!
c. Document the situation – If you feel safe enough, think about taking a picture or recording a video of the incident or ask a bystander to do this. Make sure to include the person harassing you and any identifying information there might be around you (e.g. their license plate, surrounding street signs, nearby landmarks). Some people feel empowered by turning the lens off of themselves and on to their harasser.
Practice resilience – Come up with some strategies to take care of yourself and take time to recover from what can be an extremely traumatic event. These things are important help to build up strength to recover and keep going out there and being yourself in the world.
a. Develop a quick ritual whenever harassment happen, like “shaking it off”.
b. Have a trusted friend or buddy to text or call when you encounter harassment.
c. Say an affirmation to yourself, “I deserve better. I am worth more.”
d. Share your story to others.
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The Police Scotland National Diversity Unit receives all online hate crime reports in a secure encrypted format.
Designated officers deal with the various sections of the community that are affected by the forms of hate crime (Race, Sexual orientation, Religion/faith, Disability, Transgender/Gender Identity)
These Officers advise the Force on these issues, work together with groups to help tackle hate crime and promote the Force as an organisation that can be trusted.
Dependent on the wishes of the victim, witness or reporter the matter will be allocated to a local officer who can note for information and submit an intelligence report, request extra patrols and attention by Community Police Officers, and carry out a full investigation
If offender is identified and there is sufficient evidence, submit a report to the Procurator Fiscal.
On occasions there is not enough evidence for the Police to take action, or to find out who was responsible for the incident. If this is the case, no charges can be brought, although this information can be used for intelligence purposes.
If the police charge someone in connection with the incident, they will send a report to the Procurator Fiscal.
The Procurator Fiscal is the public official responsible for the prosecution of crimes and offences. He or she will then decide whether there should be a prosecution. In making this decision, the Procurator Fiscal must consider the amount of evidence and whether a prosecution would be in the public interest. If there is to be a prosecution, the Procurator Fiscal will arrange for the accused to attend court.
If the police charge a child (aged up to 16 years) who has committed a crime or offence they will send the report to the Reporter to the Children’s Hearing.
Victims and witnesses may be required to attend a hearing if the child denies the charge.
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In Scotland, Court proceedings are independent of the Police Service.
If the accused person pleads “guilty” to the charge, the witnesses will not have to go to court but if the person pleads “not guilty” there will be a trial and the victim and witnesses will be required to attend Court.
If a witness has to go to Court the Procurator Fiscal will inform them by letter. This is called a Citation and will tell the witness which Court to attend, and the date and the time of the case.
If any person is uneasy about giving evidence, they may find it helpful if a friend or someone from Victim Support attends with them.
If you have additional needs (such as requiring an interpreter, hearing loops, wheelchair access, etc.), these will be provided.
Police officers investigating an incident should be informed of any additional needs of victims or witnesses and update the Court regarding these. These services will be arranged by and paid for by the Court.
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If a witness has to attend court to give evidence, they will be asked to swear an oath to tell the truth. If they do not wish to take the oath in the form normally used in this country, the witness may make a solemn affirmation to tell the truth instead.
The Procurator Fiscal will then take each witness through their evidence. The Procurator Fiscal will ask the witnesses if they can see within the court the person who was involved in the original incident. They will be asked to point to this person.
The Procurator Fiscal may also ask some questions regarding what happened or to describe certain events. After this the accused person’s lawyer has the right to ask questions about the incident. Once a witness has given evidence, they will be excused. They can then leave the court or, if permitted, sit quietly in the court to see the rest of the trial. Once the evidence has been heard, the Court decides if the person is guilty or not.
If a witness has deemed vulnerable for example a child then certain procedures can be put in place to protect that person. This may include providing evidence via video link or providing evidence behind a screen.
More Resources on Hate crime available here:
How to be a good ally
Do’s and Don’t’s of Bystander Intervention
Do’s
DO make your presence known! Try your best to establish eye contact with the person being harassed and try to move yourself near them. Make it clear that you are a witness to the incident and, if you feel safe enough, create distance or act as a barrier between the person and their harasser.
DO make decisions based on what the person being harassed wants. Do not tell them what to do or what you are doing. Instead, make suggestions like, “Do you want him to leave you alone? Do you want to walk over here? Do you want to sit with me?” and follow their lead.
DO make decisions to keep you and the person being harassed safe. Try pulling other bystanders in and working together or bringing yourselves to a safe space.
Don’t’s
White allies: DO NOT POLICE THE TONE OF THE PERSON BEING HARASSED. Do not say things like “Get angrier. Assert yourself.” Honor the way that they choose to resist harassment.
DO NOT call the police without the explicit consent of the person being harassed.
DO NOT do nothing.
Hollaback’s 5 D’s of Bystander Intervention
Helpful Contact Details
CRIMESTOPPERS - 0800 555 111
VICTIM SUPPORT HELPLINE - 0845 603 9213
For a full list of current Third Party Reporting centres please visit the Police Scotland Website at https://www.scotland.police.uk/
List of Support Organisations:
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During office hours call the freephone number on 0800 085 6087 (calls are free from landlines and not from most mobiles).
Victim Support Scotland is the lead voluntary organisation in Scotland helping people affected by crime. It provides emotional support, practical help and essential information to victims, witnesses, and others affected by crime. The service is free, confidential and is provided by volunteers through a network of community-based victim and youth justice services and court-based witness services.
The community based Victim Service exists in all local authority areas in Scotland.
Trained volunteers and staff deliver services to victims of crime, working to national standards for these services. As well as confidential emotional support, victims and witnesses are also helped with practical assistance and information about the criminal justice system.
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The Victim Support Scotland National Helpline - 0845 603 9213.
This helpline now provides a national facility to take Third Party Reports during office hours between 8am – 8pm Monday to Friday.
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Telephone: 01389 739557 or 0844 561 3000.
Over 47,000 victims and vulnerable witnesses throughout the whole of Scotland have been assisted by the Victim Information and Advice Service (VIA) which is part of the Crown Office and Procurator Fiscal Service.
Every Procurator Fiscal can refer victims of serious crime, bereaved relatives and vulnerable witnesses to their local VIA team in order to provide them with support and advice on the criminal justice process.
VIA provides information on cases reported to the Procurator Fiscal from the time of first reporting to the conclusion of the case. This information includes outcomes of key stages and key decisions. For example decisions to grant/allow bail with special conditions are communicated to the victim within 24 hours.
VIA works closely with other statutory agencies including the police, Scottish Courts Service, voluntary organisations such as the Witness Service, Women's Aid and Victim Support.
For More information visit : www.victimsofcrimeinscotland.org.uk
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If you are worried that any adult (over 16 years) you come into contact with is being harmed, or suffering from neglect or self-neglect, you should also consider making a referral to your local Social Services department under the Adult Support and Protection (ASP) legislation.
Harm can include physical, psychological, neglect, financial and sexual harm, and can be inflicted by anyone known or unknown to the adult.
On receipt of a referral, Social Services will look into the circumstance of the adult, and may carry out a visit to see what support or protection is required. In certain circumstances, the Council can apply for legal orders to protect the adult at risk of harm, including banning the perpetrator from the locality of the adult.
To make a referral, contact the Scottish ASP referral number 0300 777 6520 which will then direct you to your local Social Services department.
For more information on Adult Support and Protection, see the Scottish Government ‘Act Against Harm’ website www.actagainstharm.org
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Telephone: 0141 548 8047
Fax: 0141 548 8284
BEMIS is the national Ethnic Minorities led umbrella body supporting the development of the Ethnic Minorities Voluntary Sector in Scotland. BEMIS was established in 2002 to promote the interest of minority ethnic voluntary organisations, develop capacity and support inclusion and integration of ethnic minority communities. It is a member- led and managed organisation with an elected board of directors.
The major aims and objectives of BEMIS are to represent and support the development of the ethnic minority voluntary sector across Scotland, and to support the diverse communities and individuals that this sector represents, especially those who are under-represented and disadvantaged.
BEMIS aims to address inequalities by empowering communities, working towards an inclusive society by establishing structures which recognise diversity and empowers ethnic minorities which ensure that they are fully recognised and supported as a valued part of the Scottish multicultural civic society.
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Telephone: 0131 337 9876
Textphone: 0131 346 2529
Fax: 0131 346 7864
Capability Scotland provides a range of services to over 1000 disabled people with an acknowledged expertise in working with people who have the most complex needs. Capability Scotland has a nationally recognised expertise in cerebral palsy.
The vision is to be a major ally in supporting disabled people to achieve full equality and to have choice and control of their lives by 2020. The Mission is to transform people's expectations of what is possible and to ensure that disabled people achieve equality.
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Open every Tuesday and Wednesday from 12pm to 9pm. Call : 0300 123 2523
LGBT Helpline Scotland service is a Scottish Government funded telephone service which provides support and information (including a third party reporting service) to lesbian, gay, bisexual and transgender people across Scotland, provided by LGBT Centre for Health and Wellbeing.
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Telephone: 0141 420 6982
Email: enquiries@scottishinterfaithcouncil.org
The aim of the Scottish Inter Faith Council (SIFC) is to promote mutual understanding and build good relations and co-operation between persons of different religious faiths. It also aims to raise awareness of the teachings, traditions and practices of the different faith communities in Scotland.
They offer a religiously neutral forum where representatives of faith communities can meet on a basis of equality and engage in dialogue about matters of religious and civic importance.
SIFC achieves its aims through promoting inter-religious dialogue, hosting annual events to allow local interfaith groups, women and young people to meet together, promote inter faith initiatives and explore best practice. They support local inter faith groups and helping in the establishment of new groups where appropriate and creating inter-faith and faith awareness resources.
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For general enquiries, contact:
Telephone: 0141 248 9799
Fax: 0141 243 2499
Email: info@scottishrefugeecouncil.org.uk
Scottish Refugee Council is an independent charity dedicated to providing advice and information to people seeking asylum and refugees living in Scotland.
Since 1985 they have been campaigning for fair treatment of refugees and people seeking asylum, raising awareness of refugee issues through the media, arts and local communities and working hard to influence policy in both Scotland and the UK.