Hate Crime And Public Order (Scotland) Act 2021
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Hate Crime and Public Order (Scotland) Act 2021 is an Act of the
Scottish Parliament The Scottish Parliament ( gd, PĂ rlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
.


Background

The ''Hate Crime and Public Order (Scotland) Bill'' was introduced to the
Scottish Parliament The Scottish Parliament ( gd, PĂ rlamaid na h-Alba ; sco, Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyro ...
in April 2020, following an independent review of Scotland's
hate crime A hate crime (also known as a bias-motivated crime or bias crime) is a prejudice-motivated crime which occurs when a perpetrator targets a victim because of their membership (or perceived membership) of a certain social group or racial demograph ...
legislation carried out by
Lord Bracadale Alastair Peter Campbell, Lord Bracadale, KC is a retired senior Scottish judge. Early life Campbell was born on 18 September 1949 in Skye, Scotland, to Rev. Donald Campbell and Margaret Campbell. His family moved to Edinburgh when he was tw ...
, which recommended consolidation of all hate crime law into one
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
. The Bill was controversial, with opponents saying it could stifle
freedom of speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
. One concern was the potential for the act to be used for prosecuting author
J. K. Rowling Joanne Rowling ( "rolling"; born 31 July 1965), also known by her pen name J. K. Rowling, is a British author and Philanthropy, philanthropist. She wrote ''Harry Potter'', a seven-volume children's fantasy series published from 1997 to ...
for
transphobia Transphobia is a collection of ideas and phenomena that encompass a range of negative attitudes, feelings, or actions towards transgender people or transness in general. Transphobia can include fear, aversion, hatred, violence or anger tow ...
. The
Scottish Police Federation The Scottish Police Federation (SPF) is an organisation representing Scottish police officers. It has approximately 18,500 members across the Police Service of Scotland. It campaigns on issues that affect pay and conditions though police officer ...
and the
Law Society of Scotland The Law Society of Scotland is the professional governing body for Scottish solicitors. It promotes excellence among solicitors through the support and regulation of its members. It also promotes the interests of the public in relation to the ...
expressed concerns over the
freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogni ...
. The final vote on the Bill was delayed by a day after a number of
amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. They ...
s were proposed. The Bill passed on 11 March 2021, with 82 votes in favour, 32 votes against, and 4 abstentions.


Act

The Act abolishes the offence of
blasphemy Blasphemy is a speech crime and religious crime usually defined as an utterance that shows contempt, disrespects or insults a deity, an object considered sacred or something considered inviolable. Some religions regard blasphemy as a religiou ...
, which had not been prosecuted in Scotland for more than 175 years.


References


Further reading

* Acts of the Scottish Parliament 2021 Hate crime Blasphemy law in Europe {{Scotland-law-stub