Explanatory Notes

Hate Crime and Public Order (Scotland) Act 2021

2021 asp 14

23 April 2021

The Act

Part 6 – General provisions

Section 19 – Crown application: criminal offences

100.By virtue of section 20 of the Interpretation and Legislative Reform (Scotland) Act 2010, the Act applies to the Crown in Scotland. However, section 19(1) absolves the Crown of any criminal liability, should it be in contravention of any provision of the Act. Instead, section 19(2) provides power for the Court of Session to declare such an act to be unlawful.