Scottish Hate Crime Laws Raise Concerns Over Police Trust and Implementation

Senior police officer, Ch Supt Rob Hay of the Association of Scottish Police Superintendents (ASPS), has expressed concerns over the implementation of new hate crime laws in Scotland set to take effect on Monday. He warns that individuals may feel aggrieved if reported under the legislation, potentially damaging public trust, particularly as the force hasn’t received additional resources to manage the change.

The Hate and Public Order (Scotland) Act, effective from April 1st, criminalizes threatening or abusive behavior aimed at stirring up hatred based on specific characteristics. While the Scottish government emphasizes protections for free speech within the law, Hay highlights the potential impact on trust if non-criminal incidents are recorded by police.

Hay’s comments follow controversy over police recording a social media comment by Scottish Tory MSP Murdo Fraser as a “hate incident.” Fraser’s remark regarding non-binary identification led to no criminal charges, raising concerns over the threshold for police involvement.

Police Scotland clarifies they will only respond to complaints under the new legislation, pledging to investigate each one. However, Hay underscores challenges around resource allocation and public expectations.

Recent leaks regarding police training on the new law sparked debate, with concerns raised over potential targeting of performers. Hay dismisses such claims, emphasizing that police response is complaint-driven.

Chief Constable Jo Farrell assures a balanced approach in enforcing the law, highlighting ongoing scrutiny to ensure appropriate application.

The Scottish government asserts a high threshold for proving hate crime offenses, emphasizing collaborative efforts with Police Scotland for effective implementation, including comprehensive officer training.

As the legislation commences, close cooperation between authorities and continued public awareness efforts aim to navigate these changes while upholding trust in law enforcement.”