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  4. Yousaf confirms first amendments to Hate Crime Bill

Yousaf confirms first amendments to Hate Crime Bill

21st October 2020 | criminal law | Criminal legal aid

Proposed amendments to the controversial Hate Crime Bill to remove some of its most contentious provisions have been confirmed by Justice Secretary Humza Yousaf in a letter to the Scottish Parliament's Justice Committee.

The proposed offences of stirring up hatred, and possessing inflammatory material, had been widely criticised as a threat to free speech, and even to religious freedom, because it would be enough for an offence if the communication or material in question was "likely" to cause hatred to be stirred up against a group of persons, whether or not that was intended. It was claimed that this could call into question certain public performances as well as possession of some works of literature.

Mr Yousaf's letter follows his statement in the Parliament last month advising that the Government would seek to change the operation of the stirring up hatred offences in the bill relating to age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics.

He writes: "If approved by Parliament, these changes will have the effect that the stirring up hatred offences relating to these characteristics would require an intention on the part of the accused to stir up hatred as a necessary requirement for the offence to be committed."

His letter includes a copy of the bill showing how it would look if the amendments are approved.

The Justice Committee will begin consideration of amendments to the bill at stage 2 later this month.

Click here to view the letter.

 

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