Dorothy Bain KC

The annual report on Hate Crime in Scotland, published today, shows a decrease of two per cent in the total number of charges reported to COPFS which contained at least one of the characteristics protected by legislation.

In 2022-23, some 5,738 charges reported were categorised as relating to either race, religion, disability, sexual orientation or transgender identity – or some combination of these factors.

This represents two per cent fewer reports than in 2021-22.

The other main findings of the report are:

• The majority of hate crime charges reported contain a racial element. However, the proportion that contain a racial element has generally decreased over the last ten years, from 74 per cent in 2013-14 to 55 per cent in 2022-23.
• The proportion of hate crime charges containing prejudice that relates to sexual orientation has increased from 16 per cent in 2013-14 to 33 per cent in 2022-23
• In 2022-23 the proportion of charges containing prejudice relating to disability was 13 per cent, to religion was 10 per cent and to transgender identity was 1 per cent.
• 3,145 charges relating to race crime were reported in 2022-23, 2 per cent fewer than 2021-22. The 2022-23 total is the lowest figure since 2019-20 and is 31 per cent lower than the peak in such charges in 2011-12 when 4,547 were reported.
• The number of sexual orientation related charges reported increased by 2 per cent in 2022-23 to 1,884. The number of such charges reported has increased each year since 2014-15.
• The number of disability aggravated charges increased by 3 per cent to 722 in 2022-23. This follows an increase of over 50 per cent in the number of charges reported in 2021-22 compared to 2020-21
• There were 576 charges with a religious aggravation reported in 2022-23, eight per cent more than in 2021-22. Over the last five years, the number of religious charges reported has fluctuated between around 530 and 670 per year.
• There were 55 charges reported in 2022-23 with an aggravation of transgender identity. This is lower than the 86 charges reported in 2021-22 but is the second highest number of charges reported since the legislation introducing this aggravation came into force in 2010.

Ms Bain said: “We will not tolerate crime which damages the fundamental right of an individual to be exactly the person they are. As prosecutors, we take very seriously our responsibility to protect victims and members of the public from these hate-fuelled offences.

“The Crown Office and Procurator Fiscal Service will play its part in helping to create a safer society by prosecuting such crimes robustly and seeking justice for those who find themselves being victimised through the ignorance or bigotry of others.”

The majority of hate crime charges contain a racial element. However, the relative proportion aggravated by race has been decreasing over the last decade, from 74 per cent in 2013-14 to 55 per cent in 2022-23.

The proportion of hate crime charges containing prejudice that relates to sexual orientation has increased from 16 per cent in 2013-14 to 33 per cent in 2022-23.

The figures show that the proportion of charges relating to transgender identity was 1 per cent; a total of 55 reports.

In 2022-23 the proportion of hate crime reports connected to disability was 13 per cent while religious aggravation accounted for 10 per cent of the charges.

Justice Secretary Angela Constance said: “The Scottish government is clear that any form of hatred or prejudice is completely unacceptable and will not be tolerated. Hate crime has hugely damaging effects on victims, their families and the wider community and we must all play our part to challenge it. These latest figures show that we all must redouble efforts to tackle hatred and prejudice in Scotland.

“Our new Hate Crime Strategy – based on the views and needs of people with lived experience - sets out a vision for a Scotland where everyone lives free from hatred and prejudice. The strategy makes a number of commitments including improving data and evidence and developing effective approaches to preventing hate crime. It also supports implementation of the Hate Crime and Public Order (Scotland) Act 2021, which once in force will consolidate, modernise and extend Scotland’s hate crime legislative framework.

“It will ensure victims of hate crime are treated with fairness and compassion, with the underlying causes of hate crime challenged.

“We continue to encourage anyone who experiences or witnesses a hate crime to report it directly to Police Scotland or via to a third-party reporting service.”