You are here: Home | Hate Free Highland | What is hate crime?

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