Reported Hate Crimes in Scotland Decrease by 99% After Implementation of New Legislation

June 6, 2024 TruthUSA

Police Scotland’s policy on recording non-crime hate incidents has been updated to reflect freedom of expression requirements.

Data from Police Scotland have shown a significant decrease, by 99 percent, in the number of reports filed under controversial hate crime legislation, ministers revealed on Wednesday.

Since the implementation of the Hate Crime and Public Order (Scotland) Act on April 1, there was a surge in hate reports with 7,152 made online in the first week. However, the number of reports has drastically decreased in seven weeks.

Minister for Community Safety of Scotland Siobhian Brown stated in the Scottish Parliament on Wednesday: “Recent Police Scotland data shows that the volume of reports at week seven has reduced by more than 99 percent from the first week of the act’s commencement.”

She emphasized the importance of the hate crime act by saying, “we have seen so many reports since implementation [it] reinforces the importance of the hate crime act.”

Ms. Brown added, “People and communities who are at the sharp end of hatred in their daily lives, simply for being who they are, should rightly look to this Parliament to stand with them, which the Scottish Government will continue to do.”

Hate Crime and Public Order

Scottish Justice Secretary Angela Constance previously defended the country’s hate crime law, mentioning 240 recorded hate crimes in the first week as evidence of its necessity to protect marginalized and vulnerable communities.

The contentious law introduces a new crime of “stirring up of hatred offenses” for protected characteristics like “age, disability, religion, sexual orientation, and transgender identity.”

Police have established designated “Hate Crime Third Party Reporting Centres” at various locations including housing associations, victim support offices, voluntary groups, and private businesses such as fish farms, caravan parks, and even a sex shop in Glasgow.

The act has been criticized as “dangerous” by various free speech groups and Scottish Conservative MSPs, stating that it could lead to people being prosecuted in their homes.

The Free Speech Union has cautioned that the criminalization of speech “based on subjective criteria [under] Scotland’s new hate crime law will only intensify.”

NCHIs

During the same Scottish Parliament meeting, Conservative MSP Murdo Fraser inquired about the discussions the Scottish Government has had with Police Scotland regarding their guidance on recording non-crime hate incidents (NCHIs).

NCHIs are defined as “any non-crime incident perceived by the victim or any other person to be motivated by hostility or prejudice.”

In April, Mr. Fraser, with the support of the Free Speech Union, demanded “urgent clarity” after the force categorized a social media post he wrote questioning the government’s LGBT policies as a “non-crime hate incident” without his knowledge.

Mr. Fraser had stated, “choosing to identify as ‘non-binary’ is as valid as choosing to identify as a cat. I’m not sure governments should be spending time on action plans for either.”

An activist reported his post to Police Scotland, claiming it constituted hatred against non-binary or transgender people, resulting in a “hate incident (non-crime incident)” being recorded against Mr. Fraser.

Former police officer Harry Miller speaks to the media outside the Royal Courts of Justice in London on Dec. 20, 2021. (Dominic Lipinski/PA)

‘Miller Judgment’

Mr. Fraser mentioned that following concerns raised about the lawfulness of Police Scotland’s policy on recording non-crime hate incidents, its policy has now been changed to align with the “Miller judgment.”

“Police Scotland appears to have done so from 1 April, but it took it another five weeks to update its policy and inform anyone of the change. Only then was its website updated. While the change is welcomed, what will happen to all the non-crime hate incidents recorded under the old policy, which Police Scotland admitted was unlawful?” he inquired.

The “Miller judgment” refers to the case of former policeman Harry Miller, who challenged the College of Policing (CoP) and Humberside Police in England and Wales after an officer questioned him at work about reposting a gender-critical limerick on Twitter.

In 2021, a high court ruled that CoP’s guidance on recording NCHIs infringed Mr. Miller’s freedom of expression outlined in Article 10 of the European Convention of Human Rights (ECHR).

Mr. Miller, who founded Fair Cop in response to police forces overreaching in what it terms “Big Brother” actions, welcomed the update to authorities regarding their policy on non-crime hate incidents.

“It’s the right decision, albeit arriving very late,” Mr. Miller commented.

“The Miller ruling was based on the ECHR, which the Scottish Government professes to admire. The recording of non-criminal hate by the police is, and must remain, unlawful,” he concluded.

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