‘Hate incidents’ and freedom of expression (updated 10 April 2022)  

Note added 10 April 2022 This blog provides a detailed discussion of police recording practices in Scotland in relation to "non-crime hate incidents". It was originally published on 29 January 2022, taking as its starting point an article published in…

MBM submission to the Misogyny and Criminal Justice in Scotland Working Group (August 2021)

This submission can also be downloaded here Introduction During the passage of the Hate Crime and Public Order (Scotland) Act 2021, we wrote extensively on the proposed legislation and provided both written and oral evidence to the Scottish Parliament. Our…

The exclusion of sex and extension of stirring up hatred (Stage 1 debate briefing) (December 2020)

This briefing can also be accessed here Introduction This briefing was prepared for the Stage 1 debate on the Hate Crime and Public Order (Scotland) Bill. The briefing focuses on two areas: the exclusion of sex from the hate crime…

Supplementary evidence on the Hate Crime and Public Order (Scotland) Bill: the meaning of transphobia (November 2020)

This blog can be accessed as a briefing here Background On 29 November 2020 we submitted supplementary evidence to the Justice Committee in the light of (a) an open letter currently circulating which has been signed by a number of…

The ‘ordinary meaning’ of words: a reassurance that does not reassure (November 2020)

This blog may be downloaded as a briefing here 1. Background Discussing the Hate Crime and Public Order (Scotland) Bill at the Justice Committee on 24 November, the Cabinet Secretary Humza Yousaf argued that he did not think a person would…

The Hate Crime and Public Order (Scotland) Bill: Views from Scottish policing (October 2020)

This briefing looks at some of the issues raised in the submissions from Police Scotland, Association of Scottish Police Superintendents (ASPS) and the Scottish Police Federation, namely those organisations who will be tasked with upholding the new law. Broadly supportive in some places and fiercely critical in others, the submissions capture the complexities that underlie the hate crime agenda, issues around public trust and police legitimacy, as well as more practical workload considerations and the costs of training 17,000 officers in what is emerging as a charged and contested area of law. 

MBM submission to the Justice Committee: Hate Crime and Public Order (Scotland) Bill (July 2020)

The Hate Crime and Public Order Bill is intended to provide for the modernising, consolidating and extending of hate crime legislation in Scotland. Since publication in April 2020, the draft Bill has attracted a range of critical responses, including the Law Society…