Hate crime and prejudice-based behaviours: Reporting hate crime

Being able to recognise and report hate crime is crucial to making a change in society. Experiencing hate crime has a detrimental effect on physical and mental health, it can lead to increased conflict in communities and, if it goes unreported, it is as if the behaviour is acceptable and is therefore more likely to increase.

Watch the videos Sticks and stones may break my bones, but words make our lives a living hell and Sticks and stones may break my bones, but words make me feel hated just for being me (YouTube).

Reporting hate crime sends a message that all are included and valued, and that the behaviour is not acceptable. A witness reporting a hate crime also helps victims see that they are not alone.

Seemingly low-level or minor events may have a significant impact on the victim. Crime type alone does not necessarily dictate impact or consequences of the action. Repeated targeting of a person, whether by the same perpetrator or not, can affect the person’s ability to cope. Each individual will be affected differently.

Depending on your setting and the incident taking place, it is important to refer to your local reporting procedures and guidance.

Guidance for Schools

Follow your local relationships and behaviour operational guidance. This can include pastoral notes and violent incident forms.

The Scottish Government’s Respect for All guidance recommends that bullying or prejudice-based incidents should be logged on the school or organisation’s recording system within 3 working days. This should include details of the reported incident, capturing information about:

• the behaviour that took place
• who was involved
• where and when it is reported to have happened
• any potential underlying prejudice
• any protected characteristics
• whether the impact indicates any wellbeing concerns or the need for additional support

An investigation into the incident should follow. The record of the incident must be updated throughout the process. This should capture the outcome and any action taken as a result.

Schools should use Respect for all guidance to monitor and report bullying incidents.

Where staff are experiencing or perpetuating hate crime, you must use HR policies and guidance. This includes having the right to report hate crime directly to their employer or the police without permission from line managers.

Guidance for Youth work

For youth work and Community Learning and Development (CLD) settings, it will be useful to reference the CLD competencies and code of ethics as well as the national occupational standards for youth work.

When doing work with young people, you may also have a group contract that has been created in partnership with the young people that can be used as a tool for reflecting on behaviours.

Reporting to Police Scotland

The main ways to report to Police Scotland include:

• phoning 999 (emergency) 101 (non-emergency)
• in person at any police station
• completing a Hate Crime Reporting Form 
• at a Third Party Reporting Centre 
• Text 999 (this is for registered users only) 
• Contact Scotland-BSL 
• Keep Safe Scotland App 

Young People can report what they witness anonymously at Fearless. 

The Hate Crime Information video on YouTube talks through this in detail for Disability Hate Crime but also includes how to contact Police Scotland in different accessible formats.

Whether something is a hate crime or not will be decided through the reporting process with Police Scotland and the Crown Office Procurator Fiscals Service. 

Bullying can be motivated by prejudice similar to hate crime. The distinction is when a crime has taken place, such as assault, graffiti or a breach of the peace that has been motivated by prejudice. For example, damage to property through graffiti may constitute a crime and this may be aggravated by prejudice towards a relevant characteristic.

Sharing of discriminatory materials may, in some cases, constitute an offence of stirring up hatred. The Lord Advocate has issued guidelines about which category of offence will be reported to the Procurator Fiscal for consideration of prosecution.

Children who do not come within these guidelines may be referred to the Children’s Reporter or made subject to Police direct measures, depending on the circumstances. The Procurator Fiscal and the Children’s Reporter discuss cases which are subject to joint referral and the Procurator Fiscal will decide where the case is best dealt with.

The presumption should be against criminalising children and young people wherever possible unless it is in the public interest. Promoting the principles of inclusion amongst children and young people is key to preventing hate crime. Adults and children and young people can seek appropriate advice and guidance from Police Scotland if they feel a crime may have taken place.

Sentencing for hate crime 

Any punishment imposed by the court will be determined by the facts and circumstances of that case, along with consideration of any previous convictions and any mitigating factors.

Disposals and appeals from the Scottish Sentencing Council provides more information.