Abstract

Hate crime law in Scotland is distinct. The law was extended to cover religious hate crime in 2003, and has been extended to cover disability, sexual orientation and transgender identity by the Offences (Aggravation by Prejudice) (Scotland) Act 2009 (Scottish Parliament, 2009a). The coverage of transgender identity in relation to the law is unique in Europe. The legislation was developed through a consultative process that led to consensus on the exclusion of similar provisions for age and gender crime. Scotland has not extended the offence of stirring up racial hatred to other forms of hatred. Hate crime prosecution rates are significantly higher in Scotland, and much higher for religious crime, in comparison with England and Wales.

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