Introduction of the Offences (Aggravation by Prejudice) (Scotland) Bill  
 
Background briefing to accompany SCANCE Note 
 
 
•  The Offences (Aggravation by Prejudice) (Scotland) Bill was introduced to the 
Scottish Parliament by Patrick Harvie MSP on 19 May 2008. 
 
•  Patrick Harvie lodged his proposal for a Member’s Bill on Hate Crime in October 
2007.  On 15 January 2008, Scottish Government support for Mr Harvie’s Bill was 
announced.   
 
•  There is evidence that some sections of society are more vulnerable and likely to 
experience harassment or crime motivated by prejudice than others.   
 
•  The law already requires that, when passing sentence, the court must take into 
account any racial or religious motivation for any crime that has been committed. 
This Bill will extend existing hate crime provisions to cover crimes motivated by 
malice or ill will based on the victim’s actual or presumed sexual orientation 
(whether homosexual, bisexual or heterosexual), transgender identity or disability.  
 
•  The Bill will not create any new offences.   
 
•  The provisions of the Bill will also allow the existence of the aggravations to be 
recorded at all levels in the criminal justice system, from the initial recording of a 
crime through to the charging stage, prosecution, conviction and eventual 
sentence.  Upon conviction, where the sentence is different as a result of the 
aggravation, the court will be required to state and record the extent of, and 
reasons for, that difference.   This will enable an accurate picture to be built up of 
the extent of these particular hate crimes in Scotland.   
•  Introduction of the Bill has been delayed while discussions took place between the 
Minister for Parliamentary Business, Mr Harvie and the representatives of other 
parties regarding committee allocation.   
 
 
 
Sara Stewart 
Criminal Law & Licensing Division 
Ext. 42214 
 
16 May 2008 
 

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