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What is hate crime?

Legal background

Legislation provides protection specifically in relation to incidents motivated by the factors above. When an offence aggravated by prejudice has been committed a court must take account of the 'hate crime' when sentencing the offender.

Relevant legislation includes:

  • Crime and Disorder Act 1998
  • Criminal Justice (Scotland) Act 2009
  • Offences (Aggravation by Prejudice) (Scotland) Act 2009
  • Offensive behaviour at Football and Threatening Communications (Scotland) Act 2012

When an offence aggravated by prejudice has been committed a court must take account of the 'hate crime' when sentencing the offender.

Public sector bodies also have a legal duty under the in the Equality Act 2010, to give due regard in all their work to the need to:

  • Eliminate unlawful discrimination, victimisation and harassment
  • Advance equality of opportunity, and
  • Promote good relations