Scotland’s first minister has described his new hate crime law as “absolutely balanced” on the day the controversial legislation came into force amid a barrage of criticism.2021 would reduce public trust in policing and the author JK Rowling, a prominent critic of the legislation, dared the police to arrest her for misgendering.
The act, which was supported by MSPs from Scottish Labour and the Scottish Liberal Democrats as well as the Scottish National party, also creates a new offence of “threatening or abusive behaviour that is intended to stir up hatred” on the grounds of age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics.
But Yousaf said officers had been policing hate offences “very sensibly” for decades, for example the offence of stirring up of racial hatred, which has been in place UK-wide since 1986. In common with many critics who have raised concerns about the legislation’s lack of clarity, Kennedy said he thought it would have to be tested in the appeal courts before the “real elements of the act” and how they should be interpreted in law come to fruition.Scotland had been allocated no extra money to provide training, and that preparation was limited to a two-hour online module.
Also speaking on the Today programme on Monday, the Scottish government’s minister for victims and community safety, Siobhian Brown, said she had faith in Police Scotland to deal with vexatious complaints.