Hate Crime Lesson Note PDF

OFFICIAL Unit 6 Lesson 2...

OFFICIAL Unit 6 Lesson 2 Hate Crime Lesson Aim: The learner will be able to explain the statutory provisions which create substantive offences or aggravations of existing crimes and offences based on Hate Crime Learning Outcomes: Introduction On successful completion of the lesson, As an officer in Police Scotland you will attend students will be able to:- incidents of Hate Crime within the community. 1. Describe the effect Hate Crime can have It is important when you attend such incidents on an individual, a group or a community. that you act professionally and in line with the Force Values. As mentioned in some of your 2. Define Hate Crime, Hate Incident and previous lessons this means treating every describe the difference between them. individual with Integrity, Fairness, Respect and with consideration of their Human Rights. 3. Describe the importance of victim When a member of the community is targeted perception in identifying Hate Crime. either wholly or partly due to an actual or presumed characteristic this can have a long lasting and devastating impact upon, not only 4. Describe the offences relating to the victim and families, but potentially the standalone Hate Crimes. community as a whole. If you do not respond appropriately this can lead to victims feeling 5. Describe the aggravations that can be more isolated and fearful of what may happen applied to other crimes to highlight a hate next and potentially less likely to report any motive. further incidents. Many victims have endured years of abuse 6. Describe the offences relating to Stirring before they eventually report it to the police. up Hatred. What may seem to be a minor incident can, if repeated, be as damaging as a single more 7. Describe the considerations when serious act. This is known as the ‘drip, drip reporting and recording Hate Crimes and effect'. Never underestimate the effect of Hate Crime whether this is deemed by you as a Incidents. serious or lower level incident. 1 rd Amended 3 April 2024 v.6 OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime What exactly is Hate Crime? A Hate Crime is defined as: ‘Any crime which is perceived by the victim or any other person, to be motivated (wholly or partly) by malice and ill-will towards a social group.’ In this instance a social group is a group defined by reference to specific characteristics. Note:- The characteristics detailed under Hate Crime legislation differ from the “protected” characteristics listed under the Equality Act 2010. Hate crime legislation is detailed under the Hate Crime and Public Order (Scotland) Act 2021. There are currently seven characteristics featured under this legislation:- 1. Age Age makes reference to any age range. A person can be the victim of prejudice by reference to them being any age, not just ‘old’ or ‘young’. 2. Disability Disability is defined as a physical or mental impairment of any kind. This includes a medical condition which has, has had, or may have a substantial or long-term effect, or is of a progressive nature. 3. Race, colour, nationality (including citizenship), or ethnic or national origins Race can include accent. Race includes Refugees, Asylum Seekers, Traveller communities, Jewish people and Sikhs. Ethnicity describes the cultural identity of a person. 2 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime 4. Religion or, in the case of a social or cultural group, perceived religious affiliation Religion refers to religious belief or lack of religious belief. Membership of or adherence to a church or religious organisation. Support for the culture or traditions of a church or religious organisation. Participation in activities associated with such a culture or such traditions. Note:- some communities can be described as ethnoreligious and would be covered within both race and religious characteristics. 5. Sexual Orientation A reference to sexual orientation is a reference to sexual orientation towards — persons of the same sex, persons of a different sex, or both persons of the same sex and persons of a different sex. 6. Transgender Identity An umbrella term for those whose gender is not the same as, nor sits comfortably with their sex at birth: A female-to-male transgender person (also known as ‘trans male’) A male-to-female transgender person (also known as ‘trans female’) Non-Binary - An umbrella term for people whose gender identity doesn’t sit comfortably with ‘man’ or ‘woman’. Non- binary identities are varied and can include people who identify with some aspects of binary identities or who change between them (also known as ‘gender fluid’), while others reject them entirely. Includes a person who cross-dresses. 3 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime 7. Variation in Sex Characteristics Where a person is born with physical and biological sex characteristics which, taken as a whole, are neither: Those typically associated with males nor Those typically associated with females. An example of variation in sex characteristics would be someone who identifies as intersex. Note:- Victims of Hate Crimes and Hate Incidents do not have to have any of these characteristics in order to be a victim. Their characteristic can be presumed by the perpetrator. Activity 1 A1 What do you think are various ways for someone to express hate against a person? Perception To assist in identifying whether or not a Hate Crime/incident has taken place, we should establish the following: Who perceived the incident to be hate related? Why that person perceived the incident to be hate related? This may be based on the circumstances, which could include, location, verbal comments or behaviour demonstrated by the offender. We do not challenge another person’s perception, we explore it. This could be by asking questions to establish why they believe it to be, but 4 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime remaining sensitive, and without disregarding with that person’s perception. What impact did the incident have on the victim and/or community? Consider that the community could be geographical (e.g. a particular area of a city), or a group of people with the same characteristic (e.g. people who identify as transgender). The evidence of a single witness is not sufficient to prove a charge, however it is competent to liable a hate crime aggravation based on the evidence of one person. These points should all be notes within the victim/witness statement and explained within the Crime Report, SPR and VPD if it meets the 3 point test. Other Person Perception Perception based recording refers to the perception of the victim or any other person. The fact that any person can perceive an incident to be motivated by malice and ill-will is of particular note to officers who themselves can identify that an incident is hate related, even if the victim does not or no victim was present/identified. This might be true where the incident is against a building or organisation rather than an individual. This shows that police recognise and understand the particular impact and harm caused by Hate Crime. Importantly some individuals may not identify they have been victim or witness of a hate crime or non-crime hate incident. This could be due to a learning disability, dementia, English not first language. Similarly, members of the public might not understand which characteristics are covered by legislation, or what ‘Hate’ means in this context. Police can still record it as such based upon their own perception. Any other person can include, but is not limited to; Bystander/witness Family Member Friend Third party reporting organisation staff Guardian/Carer Police Officer 5 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime Feedback 1 F1 Hate can come in various forms and can include: physical and emotional harassment physical and emotional abuse name calling online/social media (trolling) vandalise/damage property acts of violence or murder Professional Standards PS In accordance with the Lord Advocates guidelines the investigating officer must ascertain the perception of the victim and witnesses as to the motive for any such crimes. This information must be included in any report to the Procurator Fiscal. Standalone Offences Explanation of Terms Used A Substantive Crime or Offence means a crime or offence which exists in its own right, e.g. assault, theft, murder, careless driving, etc. A person may be charged with and convicted of a substantive crime or offence. A Standalone Hate Crime offence is an offence that is recognised specifically as a Hate Crime in its own right, and there is specific legislation for this. Racially Aggravated Harassment There are many actions encompassed by the concept of harassment e.g. attack, badger, disturb, hassle, pester, torment, worry, etc. Harassment in any circumstances is not acceptable. 6 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime Section 3(1) of the Hate Crime and Public Order (Scotland) Act 2021 states:- A person commits an offence if they (a) pursue a racially aggravated course of conduct which amounts to harassment of a person and it: is intended to amount to harassment of that person, or occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person, or (b) Acts in a manner which is racially aggravated and which causes, or is intended to cause, another person alarm or distress. A course of conduct or an action is racially aggravated if:- At the time of carrying out the course of conduct or action, or immediately before or after doing so: The offender demonstrates malice and ill-will towards the victim, and The malice and ill-will is based on the victim's membership or presumed membership of a group defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or The course of conduct or action is motivated (wholly or partly) by malice and ill-will towards a group of persons being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins. A course of conduct must involve conduct on at least two occasions. Emphasis is placed on the word ‘immediately’ as this maintains the link between the hostility and the conduct or action. This should be shown through the evidence you collect, and it will be for the courts to determine the extent of immediately. The longer between the hostility and the offence being committed, the less likely it will be considered racially aggravated by the court, unless you can reasonably connect the crime with the motivation as being hate. Note:- it is immaterial whether or not the offender's malice and ill- will is also based (to any extent) on any other factor. 7 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime When would I use this offence? This offence should be used where:- the victim perceives it to be racially aggravated harassment and there is an obvious course of harassment against the victim or victims, and there is more than one incident involving an accused (section 3(1)(a) only) and there is corroborative evidence for the crime. Note:- The location or type of incidents do not have to be the same. Example Charge EC Between 29th June and 7th July 2023 at Brookbank News, High Street, Brookbank, you John McIntosh, did act in a racially aggravated manner which caused or was intended to cause alarm or distress to a person namely Nadia Arshad, care of Police Service of Scotland, and that you used offensive racist language CONTRARY to Section 3(1) Hate Crime and Public Order (Scotland) Act 2021. Aggravations of a Crime You will deal with numerous crimes and offences during the course of your duties and with the exception of a very few genuinely "motiveless crimes", your enquiries will reveal or indicate why the perpetrator acted the way they did, i.e., the offender's motivation. Where it appears to be a motiveless crime, you need to consider the wider possible motivations. Could it be an indication of a Hate Crime, i.e., the victim became a victim because of one of the seven characteristics, or their membership (or presumed membership) of a group as opposed to their status as an individual. An Aggravation is not a substantive crime or offence in its own right but a circumstance or series of circumstances which make a perpetrator's criminal or offensive conduct even worse. Aggravations are generally taken into account when the Procurator Fiscal is deciding whether and/or how to proceed with a reported crime or offence, and during the sentencing phase of court procedure. 8 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime Legislation The Hate Crime and Public Order (Scotland) Act 2021 has been passed that if an offender is convicted of an offence and it is then proved that the offence was aggravated by prejudice, the court must take this in to account when determining the sentence. This is the core method of prosecuting Hate Crime in Scotland. These aggravations are explained as follows; Section 1(1)(a) of the Hate Crime and Public Order (Scotland) Act 2021 states:- An offence is aggravated by prejudice if where there is a specific victim of the offence at the time of committing the offence, or immediately before or after doing so, the offender demonstrates malice and ill-will towards the victim, and the malice and ill-will is based on the victim's membership or presumed membership of a group defined by reference to a characteristic (as above). Example:- An aggravation of Section 1(1)(a) would be utilised where there is a named victim, for example, a person approaches a person with Down Syndrome, spits in their face and calls them a “MONGO”, thereby committing an Assault with a disability aggravation. Section 1(1)(b) of the Hate Crime and Public Order (Scotland) Act 2021 states:- Whether or not there is a specific victim of the offence, the offence is motivated (wholly or partly) by malice and ill-will towards a group of persons based on the group being defined by reference to a characteristic (as above). Example:- An aggravation of Section 1(1)(b) would be utilised where there is no specific or named victim but the malice or ill-will is evident through the circumstances or location of the crime. For example anti- Semitic language spray painted on the wall of a Synagogue, constituting a Vandalism with a religious aggravator. These sections do not create an offence in their own right, i.e. it is not a substantive offence, but it formally recognises that an action 9 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime which is already a crime or offence has been made worse by the motivation behind it. When would I use these aggravations? This offence can be applied to all types of crimes and offences where there is an element of ‘aggravated conduct’ based on one of the seven recognised characteristics: Age Disability Race, colour, nationality (including citizenship), or ethnic or national origins Religion or, in the case of a social or cultural group, perceived religious affiliation Sexual Orientation Transgender Identity Variations in Sex Characteristics If a substantive hate crime offence covers the same set of circumstances as a crime with an aggravation, the substantive hate crime offence should be used. For instance, where the circumstances of the offence could constitute a section 3(1) Hate Crime and Public Order (Scotland) Act 2021 or a section 38 Criminal Justice and Licencing (Scotland) Act 2010 with a racial aggravation, we would libel the section 3(1) offence as this is usually dealt with more severely in court. Example Charge EC On 3rd June 2023 at Graeme Hotel, Main Street, Brookbank, you David Kelly AND Rachel Stewart did behave in a threatening or abusive manner which was likely to cause a reasonable person to suffer fear or alarm and did shout, swear and make transphobic remarks; CONTRARY to Section 38(1) of the Criminal Justice and Licensing (Scotland) Act 2010. Note:- The aggravation is indicated in the charge but we do not include the aggravation section number. 10 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime Evidence Required to Prove an Aggravation Firstly, we must remember that Section 3(1) Hate Crime and Public Order (Scotland) Act 2021 is a substantive offence in its own right. Thus, the standard and sufficiency of evidence required to prove such an offence in court is proof “beyond reasonable doubt" supported by fully corroborated evidence, as with any crime. This situation changes when we look at the crimes that are aggravated on racial or religious grounds or on prejudice based upon age, disability, sexual orientation, transgender identity or variations in sex characteristics. In these cases the standard of proof does not change in relation to the crime or offence which has been aggravated but what is significantly different is that the standard and sufficiency of evidence to prove the aggravation itself mirrors the standard of proof in civil law, i.e., "proof on the balance of probabilities" and there is no requirement for this part of the accusation to be corroborated. Evidence from a single source is sufficient to prove that an offence is aggravated by prejudice towards one or more of the seven characteristics. Note:- Evidence of an aggravation will most frequently come from words spoken by the accused, but the important point is that there is evidence, not simply a belief on the part of the victim. Example:- One man is assaulted by another man. There are no other witnesses at locus but the whole incident is captured on CCTV. A review of the CCTV footage shows the perpetrator throw a single punch at the victim who falls to the ground. The perpetrator is clearly seen saying something to the victim but there is no sound on the recording. You attend the complaint. You note a statement from the victim in which he claims to have been punched to the ground by the perpetrator, who then stated to the victim: “TAKE THAT. I HATE POOFS LIKE YOU.” The victim perceives this to be motivated by his sexual orientation. You take a statement and seize the CCTV footage, giving you sufficient evidence to libel a charge of Assault aggravated by Section 1(1)(a) Hate Crime and Public Order (Scotland) Act 2021 against the perpetrator. The victim's claim of assault is corroborated by the pictures from the CCTV. The complainer’s allegation of the specific words used by the perpetrator are not corroborated, and do not require to be, in 11 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime order to libel the aggravation. One source is enough for the aggravation. Ultimately the perpetrator's guilt in relation to both the assault and the aggravation will be decided by the court. Remember we do not need to ask the victims sexual orientation. The perpetrator presumed the complainer was gay and the derogatory language demonstrates this. Stirring up Hatred The Hate Crime and Public Order (Scotland) Act 2021 also creates offences around stirring up hatred. Stirring up hatred is conduct which encourages others to target an individual or group of people who share one or more of the seven characteristics. Section 4(1) of the Hate Crime and Public Order (Scotland) Act 2021 states:- person commits an offence if the person behaves in a manner that a reasonable person would consider to be threatening, abusive or insulting, or communicates to another person material that a reasonable person would consider to be threatening, abusive or insulting, and either— in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to race, colour, nationality (including citizenship), or ethnic or national origins, or a reasonable person would consider the behaviour or the communication of the material to be likely to result in hatred being stirred up against such a group. Section 4(2) of the Hate Crime and Public Order (Scotland) Act 2021 states:- A person commits an offence if the person behaves in a manner that a reasonable person would consider to be threatening or abusive, or 12 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime communicates to another person material that a reasonable person would consider to be threatening or abusive, and in doing so, the person intends to stir up hatred against a group of persons based on the group being defined by reference to age, disability, religion (or, in the case of a social or cultural group, perceived religious affiliation), sexual orientation, transgender identity, variations in sex characteristics. Section 4(1) – Race Section 4(2) – all other protected characteristics Threatening, abusive or Threatening or abusive insulting Does not cover insulting Intends to stir up or Intends to stir up Likely to stir up Does not cover likely to stir up Definition of terms The phrase “intends to” refers to the perpetrator being entirely aware of their actions and the potential consequences. “Behaviour” could refer to a single act or a course of conduct. “Material” means anything that is capable of being looked at, read, watched or listened to, either directly or after conversion from data stored in another form. “Communicate” means displaying, publishing or distributing the material, as well as giving, sending, showing or playing the material to another person, or making the material available to another person in any other way. Protection of freedom of expression The legislation seeks to protect freedom of expression in relation to certain characteristics. The offence of stirring up hatred, needs to be read in conjunction with Section 9 Hate Crime and Public Order (Scotland) Act 2021, which makes provision for freedom of expression. It is important to note that Section 9 applies only for the purposes of the offence of stirring up hatred in Section 4(2) 13 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime Note:- It does not apply to section 4(1) Although Freedom of Expression should be considered when assessing any hate crime or incidents In relation to section 4(2) behaviour or material is not to be taken to be threatening or abusive solely on the basis that it involves or includes: discussion or criticism of matters relating to age, disability, sexual orientation, transgender identity, variations in sex characteristics. discussion or criticism relating to, or expressions of antipathy, dislike, ridicule or insult towards: religion, whether religions generally or a particular religion, religious beliefs or practices. the position of not holding religious beliefs, whether religious beliefs generally or a particular religious belief. Proselytising (Street Preaching). urging of persons to cease practising their religions. Note:- It would therefore not constitute an offence to discuss, criticise or ridicule a person or group as listed above, providing that the material was not threatening or abusive, or intending to stir up hatred. Whether it met this criteria would be determined by the circumstances. For example, writing a newspaper article or blog post which claimed that same-sex relationships was wrongful, could not be regarded of itself, as behaviour which is abusive towards people who are lesbian, gay or bisexual. However, if, for example, the article or blog-post made abusive comments about people who are lesbian, gay or bisexual, or threatened them with violence, it could still amount to behaviour that is threatening or abusive. 14 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime Key Information KI If a Hate Crime is reported to the police and following investigation, if no criminality is established, the circumstances may be recorded as a NON-CRIME HATE INCIDENT. It is important to note that if there is no criminality established then officers are still required to take preventative and protective measures even when a non-criminal offence is apparent. An incident that may seem low level may have a significant impact on the victim. Has any crime been committed? Yes – if there is a crime it can only be a crime or a hate crime. No – if there is no crime it can only be a no crime incident, or a non-crime hate incident. Non-Crime Hate Incidents Non-crime hate incidents differ from hate crimes, in that there is no actual criminal behaviour or crime occurred, however there is still a hate element, and a demonstration of prejudice. Non-crime hate incident can take many forms, and includes any behaviour that demonstrates malice and ill-will towards a social group or characteristic but does not meet the threshold of a crime. It can be a one-off incident or part of an ongoing campaign of harassment or intimidation. Non-crime hate incidents are not only carried out by strangers. It could be carried out by a person known to the victim e.g. a carer, a neighbour, a teacher or someone the person considers a friend. Whilst the circumstances of a non-crime hate incident do not constitute a crime, it is important to record them effectively in order to prevent future crimes, escalation of behaviour and in order to establish patterns or problem areas that need more attention from police. Summary It is vital that you realise that there is no such thing as a minor or trivial Hate Crime. The hate element can have a disproportionate effect on any individual or community. For this reason alone officers 15 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime must ensure that a thorough and proper assessment is provided in all reports. Activity 2 A2 Read the following scenarios and decide whether a Hate Crime or Non-Crime Hate Incident has taken place and decide what action you would take. Scenario 1 Mary McDonald was in her local Post Office in Brookbank. As she was leaving, a young male dressed in a black hoodie and blue jeans walked past her and said, “Look at that black bastard in the park”. As Mary crossed the road, she noticed that there was a young male in the park. At this point the male in the black hoodie and blue jeans walked in to the park and up to the male punching him to the face. The male in the black hoodie and blue jeans then ran away. When the police arrived and spoke with the male who had been punched, he stated that he has no idea why he would have been punched in the face. He had never seen the male before, and the male did not speak. Mary told the police that she believed that this was a Hate Crime as she had overheard the male in the black hoodie and blue jeans say, “Look at that black bastard in the park” just before said male entered the park and punched him. Scenario 2 Francis Jackson was within her home when she has heard a group of youths throw eggs at her door. When she went to her front door, she could not see anyone and there was no damage. Francis was not alarmed by this behaviour but perceived that she had been targeted as she was transgender. As a result, Francis called police who attended her home address. When speaking with police it became apparent that these youths had only thrown eggs at Francis’ door. 16 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime Investigation of Hate Crime and Non-Crime Hate Incidents Initial Actions When it becomes apparent that an incident has a hate crime element, it is essential that from the outset you are fully aware of the information you will need to record and then report. As with any incident you attend there may instances where the victim or witnesses are apprehensive to engage with the police and there may be a valid reason for this. It is important to treat victims and witnesses of hate crime sensitively and according to their individual needs. The first impression of the victim/victims contact with police or police staff will influence their trust and confidence in the police service. As a police officer receiving notification of a potential hate crime or hate incident, you should in all cases; Reassure the victim. Remember that the impact of hate crime or incidents on the victim can be significant, even if the crime type appears to be low level. Public confidence can be seriously affected if the police and other agencies response is seen to be ineffective. This can lead to victims feeling more isolated and fearful of what might happen next, potentially less likely to report further incidents. It is essential that a victim centred approach is maintained and that you fully understand and record the impact has had upon the victim as well as ensuring that the victim’s needs are met in terms of support and advocacy being delivered. Understand what specific needs the victim (or witness) has for example, any cultural considerations, language or alternative communication methods, or assistance of an Appropriate Adult. Do not directly question the victim in relation to them being a member of a group, however if they choose to disclose this information then it should be recorded in the report but only if proportionate and relevant to the investigation. This information should be treated in the strictest of confidence and should not be disclosed. Identify if the victim is a repeat victim. 17 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime Explore perception as this will be relevant in determining whether an incident or hate crime is hate related or in recognising the malice element of a crime. Consider if the hate crime or hate incident has had an impact on any community. Is this a critical incident? If so, seek guidance from a supervisor. Ensure that the relevant crime report and iVPD hate concern form (if appropriate) including a comprehensive summary of the Modus Operandi (MO) are complete. If abusive words have been used by the offender, then ensure that these are recorded verbatim within the report, utilising quotation marks, exact wording is important. Devise an investigation strategy based upon all the information gathered, ensuring that there are continued efforts to identify evidence of malice and/or ill will. Consider seeking guidance from other departments such as Policing Together national Equality & Diversity Unit, Local Hate Crime Champions and CID. In some circumstances the victim may not wish to make a formal complaint for a variety of reasons. After taking an initial report and there is sufficient evidence, the decision may be taken to arrest the suspect which will remove responsibility from the victim. This should be fully explained to the victim. Feedback 2 F2 Scenario 1 This scenario would be a HATE CRIME. Hate in respect of race has been demonstrated immediately before the substantive crime of assault has taken place. This assault would be aggravated under Section 1(1)(a) Hate Crime and Public Order (Scotland) Act 2021. Statements and evidence should be gathered and the accused in this case should be traced and arrested for this crime. 18 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime Feedback 2 F2 Scenario 2 This scenario is a NON-CRIME hate incident. Francis has not been alarmed by the incident, nor has there been damage to the property, therefore no crime has taken place. She was the only victim, therefore this supports her view that she was targeted because of her transgender identity. This would be a NON-CRIME HATE INCIDENT, as there remains no crime. Remember - Evidence of an aggravation will often come from words spoken by the accused, the important point being that there is evidence, not simply a belief on the part of the victim. Reporting Hate Crime Establish – As with all SPRs we are asked to detail the ethnic origin and first language of witnesses and accused person. Ensure - That any appropriate aggravation of any crime or offence is libelled, in particular, highlight aspects of hate motivated behaviour. Dismissed - Where there is no evidence to substantiate a hate motive, you must justify and evidence why this is not being libelled. Where hate crime has been considered and dismissed as a motive, the reason for the dismissal must be laid out in the police report. Without this, the Procurator Fiscal is unsure as to whether hate crime was ruled out as a factor or just not considered. Assessment – A language interpreter including sign language, should be offered/arranged on every occasion where the person’s first language is not English. 19 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime If any interpreter is used, then details of this should be included in the SPR. Advise/Report - The Procurator Fiscal must always be advised as to whether or not an incident has been reported and recorded as a hate crime incident. This is now done in two ways: 1. Under the ISCJIS system all standard police reports arising from hate crimes must have a clear “hate crime marker field” completed before they can be submitted. 2. In the body of the report further mention should be made of the impact the incident has had on any witnesses, including police witnesses and the community in general, e.g., is the victim now frightened to go out, is the entire family affected, etc.? Libel - The reporting officer should always libel a statutory charge rather than a common law charge where it is appropriate to do so. Police - Police officers and staff who suffer hate crime should be treated in the same way as any victim of hate. Such behaviour should be referred to in any report to the Procurator Fiscal and charge headings relating to aggravations should be used if relevant. Recording of Hate Crime Storm - update with iVPD number (if one was raised) and crime reference number if criminality has been identified. Can only be recorded by supervisor with full rationale listed. iVPD - submit for all non-crime hate incidents and hate crimes, if they meet the three point test. Crime Report - complete as per divisional guidelines, ensure iVPD number recorded if appropriate. SPR - complete as per divisional guidelines. SID - submit an intelligence log. 20 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime For further information, use the resources shown below:- Legal database: Criminal Law – Hate Crime & Public Order (Scotland) Act 2021 Hate Crime Toolkit Hate Crime Aide Memoire Review: You can describe the effect Hate Crime can have on an individual, a group or a community. You can define Hate Crime, Hate Incident and describe the difference between them. You can describe the importance of victim perception in identifying Hate Crime. You can describe the offences relating to standalone Hate Crimes. You can describe the aggravations that can be applied to other crimes to highlight a hate motive. You can describe the offences relating to Stirring up Hatred. You can state the considerations when reporting and recording Hate Crimes and Incidents. 21 Protection and Wellbeing in Our Communities OFFICIAL  OFFICIAL Unit 6 Lesson 2 Hate Crime Learning Log: How will what you have learned in this lesson impact your day-to-day role? Are there any skills or knowledge you would like to develop further following this lesson? End of Module 22 Protection and Wellbeing in Our Communities OFFICIAL