The Scots are going to live a nightmare and it’s not an April Fool’s joke

The law on adoption by same-sex couples was recently passed in Greece. If someone expressed his opposition at home, in a company, it would be just a conversation. From today 1^the April though, in Scotland such hosts will end up… in the department. Lawyers and activists do not hide their horror.

The Hate Crime and Public Order (Scotland) Act 2021 was introduced into the Scottish Parliament in April 2020, following a review of hate crime legislation carried out by Lord Bracadale, who recommended consolidating all hate crime laws into one bill.

The bill was also passed by 1^her April 2024 came into force.

It is a strengthening of the previous legal framework, expanding the offense of incitement to hatred to cover not only race and religion, but also age, disability, sexual orientation, transgender identity and “variations in gender characteristics”.

In particular, anyone would be encouraged to call the police if they feel they have been upset by someone who disagrees with them. He will also be able to make a complaint anonymously, through a network of “Third Party Hate Crime Reporting Centers”.

In this network there are even sexshops along with university campuses and a salmon factory in Berwickshire which will be whistleblowing centres!

The police will investigate any hate crime complaint and where the complainant insists they were disturbed by what they believe to be a hate crime, it will be recorded as a hate crime but not a crime (NCHI). That is, even if there is not even the slightest evidence of committing any crime, there will be a file.

Police will be able to seize personal property such as computers and mobile phones to look for evidence of crime when a hate crime complaint is made, and hold them until a decision is made on whether or not to prosecute, which could take many months.

It may also require people accused of hate crimes to appear at a police station for questioning, or they may see the police knocking on their door.

A Stasi society

The law is considered the least controversial by lawyers, police and experts, however, while many speak of a state attack on freedom as was the case with the Stasi in East Germany.

The Scottish Police Federation and the Law Society of Scotland have raised concerns about freedom of expression.

Chair of the Faculty of Advocates Criminal Bar Association in Scotland, Tony Lenehan, says being charged with a hate crime could be “life-changing” for people who have done nothing wrong.

“This could change your whole perception of how you fit into society if you see yourself as someone who is considered a potential criminal. I have colleagues who have gone through a complaints process because they addressed a jury as “ladies and gentlemen” and someone found it offensive. This will be a thousand times worse.”

“Imagine the horror of being brought to a police station and being interrogated. I have not met anyone in the criminal justice system who applauds this law.”

Lenehan is among those who argue that the new law is completely unnecessary because existing laws already provide ample protection against genuine hate crimes.

He points to data compiled by the Scottish Crown Office showing that overall reported hate crime is lower than it was a decade ago and questions what is behind the new legislation.

It brings criminal law into your home

The director of feminist campaign group For Women Scotland, Susan Smith, also paints a bleak picture of the country Scotland is set to become.

“We are looking into an army of local spies who may be taking anonymous reports from other local spies and passing them on to the police. Some people are very happy about it and will report everyone they don’t like. It’s very Stasi and it’s total insanity.”

Dr Michael Foran, lecturer in public law at the University of Glasgow, says the new legislation “brings criminal law into your home” even when you are having private conversations.

“The classic example might be a teenager who is particularly upset that his parents don’t agree with him on something like transgender rights and anonymously reports them for a hate crime,” he says.

With what evidence?

So Police Scotland is diverting resources so they can investigate the phone calls they will receive from those offended by the opinions of others.

Callum Steele, former general secretary of the Scottish Police Federation, which represents officers, is among those who fear the police will become bogged down.

“I know from colleagues that they are reallocating resources elsewhere to be able to deal with the influx of reported hate speech.”

Part of the problem, he says, is that there’s nothing to prevent malicious complaints from people who want to clear an account.

“It’s hard to imagine how you could prove that someone is wasting the police’s time when the whole thing is based solely on their perception and not evidence.”

With information from Telegraph