Scottish hate crime laws, which go into effect on April 1, could risk public trust in law enforcement, according to Ch Supt Rob Hay from the Association of Scottish Police Superintendents (ASPS). Hay said individuals could feel “aggrieved” if they are reported under the law and have their personal details recorded, even if they have not committed a crime. He also stated that the authorities were not given any additional resources to cope with the new regulations. Additionally, the Scottish Tories recently threatened a legal suit against the force as officials logged a social media remark made by MSP Murdo Fraser as a “hate incident,” despite there being no criminal intent.
The new legislation, titled the Hate and Public Order (Scotland) Act, criminalises threatening or abusive behaviour intended to provoke hatred based on age, disability, sexual orientation, and transgender identity, amongst other characteristics. Police Scotland insists it will only respond to complaints and will not actively search for offending content. The force has also pledged to investigate every complaint it receives. However, when the criminal threshold for the legislation is not met, Hay explained that the authorities would record the details of the incident.
Hay stated that “we might find ourselves in the position where a member of the public feels quite aggrieved for having their details recorded and kept for behaviour that doesn’t meet that criminal threshold.” He also identified two possible ways that the police could lose public trust and confidence in their efforts to enforce the new laws: whether police responses matched public expectations, and whether authorities had overreached into non-criminal matters. Recently, Police Scotland criticised “inaccurate” reports that they would target performers, including comedians, under the Act, and Hay emphasized that police would not target performers and were public reporting-driven, rather than actively pursuing infractions.
The Scottish government clarified that free speech was safeguarded in the Hate and Public Order (Scotland) Act, and police officers already received a “robust package” of training and guidance, along with other partners. Police Scotland’s chief constable Jo Farrell gave an update to the Scottish Police Authority, saying the new law is no different than how officers balance human rights with individual laws daily. “And we will be looking closely to see if there is anything that needs to be addressed about the implementation, where we may need additional resources or support, but at this stage, we don’t see any necessity for that,” said Farrell.
Read the full article from The BBC here: Read More