Part II

Criminal law

Racially-aggravated offences: Scotland

Racially-aggravated offences.
33
After section 50 of the Criminal Law (Consolidation) (Scotland) Act 1995 there shall be inserted the following section—

Racially-aggravated harassment

Racially-aggravated harassment.
50A
1
A person is guilty of an offence under this section if he—
a
pursues a racially-aggravated course of conduct which amounts to harassment of a person and—
i
is intended to amount to harassment of that person; or
ii
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, a person alarm or distress.
2
For the purposes of this section a course of conduct or an action is racially aggravated if—
a
immediately before, during or immediately after carrying out the course of conduct or action the offender evinces towards the person affected malice and ill-will based on that person’s membership (or presumed membership) of a racial group; or
b
the course of conduct or action is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group.
3
In subsection (2)(a) above—
- “membership”, in relation to a racial group, includes association with members of that group;
- “presumed” means presumed by the offender.
4
It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender’s malice and ill-will is also based, to any extent, on—
a
the fact or presumption that any person or group of persons belongs to any religious group; or
b
any other factor not mentioned in that paragraph.
5
A person who is guilty of an offence under this section shall—
a
on summary conviction, be liable to a fine not exceeding the statutory maximum, or imprisonment for a period not exceeding six months, or both such fine and such imprisonment; and
b
on conviction on indictment, be liable to a fine or to imprisonment for a period not exceeding seven years, or both such fine and such imprisonment.
6
In this section—
- “conduct” includes speech;
- “harassment” of a person includes causing the person alarm or distress;
- “racial group” means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins,
and a course of conduct must involve conduct on at least two occasions.
S. 33 wholly in force; S. 33 not in force at Royal Assent see s. 121. In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)
1995 c.39.