A new legal basis for the regulation of hate crimes in Scotland

Since 1. April 2024, a new legal basis for regulating hate crimes has come into effect in Scotland. The <Hate Crime and Public Order (Scotland) Act 2021> contains a legal basis for expanding protective measures to respond to hate crimes across Scotland. It strengthens the criminal discipline system for hate crimes, while specifying the types of hate crimes and expanding the scope of objects that are protected against hate crimes. <Hate Crime and Public Order (Scotland) Act 2021> in Scotland clarifies the scope of punishable hate crimes by categorizing them as ‘aggravation of offence by prejudice, offence of racially aggravated harassment, and offences of stirring up hatred’. It specifically lists the characteristics of victims or victimized groups who will be protected while guaranteeing the freedom of expression enjoyed by individuals. This article focuses on the types of hate crimes contained in the <Hate Crimes and Public Order (Scotland) Act 2021> by listing broadly and specifically the characteristics of victims or victimized groups who will be protected. Accordingly, this article examines elements defining hate crimes and the range of punishment for each type of hate crimes specified in the <Hate Crimes and Public Order (Scotland) Act 2021>, as well as the legal validity of the provisions set out in the Act to guarantee individual freedom of expression. Finally, this article reviews the effectiveness of the <Hate Crimes and Public Order (Scotland) Act 2021>.