Scotland’s controversial new hate crime laws have come into force – with a Holyrood minister saying people “could be investigated” for misgendering someone online.
The new measures aim to tackle the harm caused by hatred and prejudice but have come under fire from opponents who claim they could stifle free speech and be weaponised to “settle scores”.
The Hate Crime and Public Order (Scotland) Act came into force on Monday 1 April and aims to provide greater protection for victims and communities.
It consolidates existing legislation and introduces new offences for threatening or abusive behaviour which is intended to stir up hatred based on prejudice towards characteristics such as age, disability, religion, sexual orientation and transgender identity.
The new provisions add to the laws on the statute book for race, which have been in place UK-wide since 1986.
Sex has been omitted from the act as a standalone bill designed to tackle misogyny is expected to be laid before the Scottish parliament at a later date.
But when asked whether misgendering someone on the internet was a crime under the new law, Siobhian Brown MSP, minister for victims and community safety, said on Monday morning: “It would be a police matter for them to assess what happens.
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“It could be reported and it could be investigated – whether or not the police would think it was criminal is up to Police Scotland.”
During the interview with BBC Radio 4’s Today Programme, she added: “There is a very high threshold which is in the act which would be up to Police Scotland, and what would have to be said online or in person would be threatening and abusive.”
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Image: The ‘Hate Monster’ being used to advertise the new act. Pic: Police Scotland
‘Hatred has been far too pervasive in our society’
Speaking to Sky News about the new legislation, First Minister Humza Yousaf said: “In terms of acts of hatred, I think anybody would recognise in the last few years… hatred has been far too pervasive in our society.
“We have to take strong action against it. We have to have a zero-tolerance approach to it.
“I’ve got every confidence in police investigating matters of hatred appropriately, and of course making sure that we protect freedom of expression so vital to our democracy.”
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2:35
Sky’s Connor Gillies explains the new laws
The new laws were developed following Lord Bracadale’s independent review of hate crime legislation which concluded that new specific offences relating to stirring up hatred were needed.
The legislation was passed by a majority of MSPs in the Scottish parliament in 2021.
JK Rowling and Elon Musk have publicly criticised the act, suggesting it erodes free speech.
Those who support the new laws insist they will make Scotland more tolerant.
In a letter to Holyrood’s criminal justice committee published last week, the Association of Scottish Police Superintendents (ASPS) warned the law could be “weaponised” by an “activist fringe” across the political spectrum.
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‘They are seeing this as an opportunity to settle scores’
Speaking to Sky News, the director of campaign group For Women Scotland branded the act a “mess” and said “there will be a lot of malicious reports”.
Susan Smith said: “Much of this is very vague as stirring up offences seems to be based on someone’s perception that someone is being hateful towards them, and they can make a complaint and the police are saying they will investigate everything.
“We know that there are people out there who have lists of people they are looking to target. They are seeing this as an opportunity to settle scores and make political points.”
Image: Susan Smith, director of campaign group For Women Scotland. Pic: Sky
Police Scotland has committed to investigating every single hate complaint it receives.
At First Minister’s Questions on Thursday, Mr Yousaf said he had “absolute faith” in the force’s ability to weed out vexatious complaints.
Mr Yousaf has repeatedly said there is “disinformation” being spread about the bill and what it entails, claiming there is a “triple lock” of protection for speech.
The three safeguarding measures in the “lock” are an explicit clause on free speech, a defence for the accused’s behaviour being “reasonable” and the fact that the act is compatible with the European Convention on Human Rights.
Image: Humza Yousaf during First Minister’s Questions on Thursday. Pic: PA
‘It’s April Fools’ Day but it really is no joke’
The Scottish Conservatives have called for the act to be scrapped and the resources diverted towards frontline policing instead.
Russell Findlay MSP, shadow justice secretary for the Scottish Tories, said: “Humza Yousaf’s hate crime act comes into force on April Fools’ Day but it is really no joke for the people of Scotland.”
Image: Russell Findlay MSP. Pic: Scottish Parliament TV
Mr Findlay said it was “farcical that many officers have not yet been trained” and claimed the Scottish parliament’s criminal justice committee has not been given sight of the force’s training material despite requesting it.
He added: “Officers would rather tackle real crimes and keep communities safe, rather than having to investigate malicious and spurious complaints.”
‘Nobody in our society should live in fear’
Siobhian Brown, minister for victims and community safety, said: “Nobody in our society should live in fear and we are committed to building safer communities that live free from hatred and prejudice.
“We know that the impact on those on the receiving end of physical, verbal or online attacks can be traumatic and life-changing. This legislation is an essential element of our wider approach to tackling that harm.
“Protections for freedom of expression are built into the legislation passed by parliament and these new offences have a higher threshold for criminality than the long-standing offence of stirring up racial hatred, which has been in place since 1986.”
A man who has spent 38 years in prison for murder has had his conviction quashed – but insisted he is “not angry” or “bitter”.
The Court of Appeal ruling in the case of Peter Sullivan ends what’s thought to be the longest-running miscarriage of justice in British history.
He was found guilty of the 1986 murder of 21-year-old Diane Sindall, who had been beaten, raped and left in an alleyway in Bebington, Merseyside.
Image: Diane Sindall was murdered in 1986. Pic: Merseyside Police/PA Wire
Mr Sullivan – who was jailed in 1987 – had always maintained his innocence and first tried to challenge his conviction in 2016, but the Criminal Cases Review Commission (CCRC) declined to refer the case, and he lost his own appeal bid in 2019.
Two years later, he again asked the CCRC to refer his case and new tests, ordered by the commission, revealed Mr Sullivan’s DNA was not present on samples preserved at the time.
At a hearing on Tuesday, lawyers for Mr Sullivan told the Court of Appeal in London that the new evidence showed that Ms Sindall’s killer “was not the defendant”.
Mr Sullivan attended the hearing via video link from HMP Wakefield, listening to his conviction being quashed with his head down and arms folded before appearing to weep and putting his hand to his mouth.
A relative in court also wept as the judgment was read out.
‘The truth shall set you free’
In a statement following the ruling, Mr Sullivan – now 68 – said: “I lost my liberty four decades ago over a crime I did not commit.
“What happened to me was very wrong, but does not detract that what happened… was a heinous and most terrible loss of life.”
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1:31
Peter Sullivan case explained
He added: “It is said the truth shall set you free. It is unfortunate that it does not give a timescale as we advance towards resolving the wrongs done to me.
“I am not angry, I am not bitter.
“I am simply anxious to return to my loved ones and family as I’ve got to make the most of what is left of the existence I am granted in this world.”
Outside court, Mr Sullivan’s sister Kim Smith said she was “ecstatic” at seeing her brother’s conviction quashed.
She told reporters: “We lost Peter for 39 years and at the end of the day, it’s not just us; Peter hasn’t won, and neither has the Sindall family. They’ve lost their daughter, they are not going to get her back.
“We’ve got Peter back and now we’ve got to try and build a life around him again. We feel sorry for the Sindalls and it’s such a shame this has had to happen in the first place.”
Image: Mr Sullivan’s sister Kim Smith said she was ‘ecstatic’ after the ruling. Pic: PA
Barristers for the Crown Prosecution Service (CPS) said the DNA evidence was “sufficient fundamentally to cast doubt on the safety of the conviction” and that there was “no credible basis on which the appeal can be opposed”.
Lord Justice Holroyde, sitting with Mr Justice Goss and Mr Justice Bryan, said in light of the new DNA evidence “it is impossible to regard the appellant’s conviction as safe” as he quashed the conviction.
Hunt for DNA match
Merseyside Police has confirmed detectives are now “carrying out an extensive investigation in a bid to identify who the new DNA profile belongs to, as to date there is no match on the national DNA database”.
Detectives are also contacting individuals identified in the original investigation to request voluntary DNA samples.
That initial investigation was the largest in the force’s history and, for many officers, the “frenzied” nature of the attack made it the worst case they had ever encountered.
Ms Sindall, who was engaged to be married, had just left her shift as a part-time barmaid at a pub in Bebington when her small blue van ran out of petrol.
Image: Diane Sindall was killed after finishing her shift as a barmaid
She was walking to an all-night garage when she was attacked.
Mr Sullivan, who was 29 at the time and described as a loner, initially denied the attack but later signed a confession.
Questions have since been raised about whether he had proper legal representation during police interviews. Evidence related to bite marks on Ms Sindall’s body, considered crucial at the trial, has also since been called into question.
At the time of Mr Sullivan’s trial in 1987, DNA technology was not available and subsequent requests for new tests had been refused.
‘Nobody felt safe’
On the grass verge close to where Ms Sindall’s body was found, a memorial stone has been placed in memory of her and “and all of our sisters who have been raped and murdered”.
Her murder sent a chill through the community and led to the creation of the Rape and Sexual Abuse Centre on Merseyside. “Nobody felt safe, it was a very scary time,” said the centre’s Jo Wood.
Image: A memorial to Ms Sindall on a grass verge near where her body was found
She says the uncertainty has resurfaced. “There’s someone out who killed Diane Sindall,” said solicitor Ms Myatt.
“The biggest fear we’ve got is of the unknown and now we’ve got an unknown. We don’t know who it might be. Who knows who this person is? Are we going to encounter him?
“We might have encountered him, we don’t know, we just know that he’s out there.”
Ms Sindall’s family told Sky News they did not want to comment on the case.
Mel John, landlord of the pub where Ms Sindall worked on the night of her death, said: “I’m glad he’s being released if he’s innocent. It has been a long time.”
Mr Sullivan is also aware, his solicitor says, of the impact on Ms Sindall’s family.
“We are very sensitive and respectful to the fact that there is a victim, Diane Sindall and her family, that will be affected by this process,” the solicitor said.
Tory MP Patrick Spencer has been charged with two counts of sexual assault at London’s Groucho Club.
The charges follow two alleged incidents involving two different women at the private members’ club, in Soho, in August 2023, the Crown Prosecution Service (CPS) said.
Mr Spencer – who is the Conservative MP for Central Suffolk and North Ipswich – will appear at Westminster Magistrates’ Court on Monday 16 June.
A Conservative Party spokesman said Mr Spencer, 37, has been suspended by the Tories and had the whip withdrawn.
Image: The Groucho Club in Soho, London. Pic: PA
The Metropolitan Police said he was charged after attending a voluntary interview at a London police station on 13 March this year.
Frank Ferguson, head of the CPS special crime and counter terrorism division, said: “Following a review of the evidence provided by the Metropolitan Police Service, we have authorised two counts of sexual assault against Patrick Spencer MP.
“The charges follow two alleged incidents involving two separate women at the Groucho Club in central London in August 2023.
“The Crown Prosecution Service reminds all concerned that criminal proceedings against this defendant are now active and that he has the right to a fair trial.
“It is extremely important that there should be no reporting, commentary or sharing of information online which could in any way prejudice these proceedings.”
Mr Spencer was first elected to Parliament last year with a majority of 4,290.
It is understood he was asked not to attend the parliamentary estate by the Tory chief whip while police enquiries were ongoing.
A Conservative Party spokesman said: “The Conservative Party believes in integrity and high standards. We have taken immediate action.
“Patrick Spencer MP has been suspended from the Conservative Party, and the whip withdrawn, with immediate effect.
“The Conservative Party cannot comment further on an ongoing legal case.”
The Groucho Club, in Dean Street, opened in 1985 and became a renowned meeting place for A-list celebrities and others, including actors, comedians and media executives.
The club was named after the comedian and actor Groucho Marx, who reportedly once said he would refuse to join any club that would have him as a member.
It was originally set up as a more relaxed alternative to traditional gentlemen’s clubs, according to the venue’s website, which adds that members should be in the creative industry “and share the club’s maverick spirit”.
Before becoming an MP, Mr Spencer worked in finance for private equity firm IPGL, a company chaired by his father, former Conservative Party treasurer Lord Michael Spencer.
He later took a job at the Centre for Social Justice think thank before becoming a senior adviser at the Department for Education.
He made his maiden speech in the Commons in July last year during a debate on the MPs’ code of conduct relating to second jobs, during which he said the “most important thing to the people across my constituency” was “restoring a sense of moral probity and public spiritedness to our political system”.
A 21-year-old man has been arrested over a series of arson attacks, police have said, after a fire at a house owned by Prime Minister Sir Keir Starmer.
The suspect was arrested in the early hours of Tuesday on suspicion of arson with intent to endanger life, according to the Metropolitan Police.
He remains in custody.
Emergency services were called to fires at the doors of two homes in north London within 24 hours of each other – one just after 1.35am on Monday in Kentish Town and the other on Sunday in Islington. Both properties are linked to Sir Keir.
Image: Police are investigating links to several fires, which they are treating as suspicious. Pic: LNP
Detectives were also checking a vehicle fire last Thursday on the same street as the Kentish Town property to see whether it is connected.
Part of the area was cordoned off as police and London Fire Brigade (LFB) investigators examined the scene.
Neighbours described hearing a loud bang and said police officers were looking for a projectile.
Image: Emergency services were deployed to the scene in Kentish Town, north London, on Monday. Pic: PA
Image: Pic: PA
The prime minister is understood to still own the home, which was damaged by fire on Monday, but nobody was hurt. Pictures showed scorching at the entrance to the property.
Sir Keir used to live there before he and his family moved into 10 Downing Street after Labour won last year’s general election. It is believed the property is being rented out.
In the early hours of Sunday, firefighters dealt with a small fire at the front door of a house converted into flats in nearby Islington, which is also linked to the prime minister.
Image: Counter-terror police are leading the investigation. Pic: LNP
In a statement, police said: “As a precaution and due to the property having previous connections with a high-profile public figure, officers from the Met’s Counter Terrorism Command are leading the investigation into this fire.
“Enquiries are ongoing to establish what caused it. All three fires are being treated as suspicious at this time, and enquiries remain ongoing.”
The prime minister’s official spokesman said: “I can only say that the prime minister thanks the emergency services for their work and it is subject to a live investigation. So I can’t comment any further.”
Kemi Badenoch has condemned the suspected arson attacks.
Writing on X, the Conservative leader said: “This is a shocking incident. My thoughts are with the prime minister and his family. No one should face these sorts of threats, let alone people in public service.
“It’s an attack on our democracy and must never be tolerated.”
Shadow justice secretary Robert Jenricktold Sky News on Tuesday: “It’s important that the prime minister and anyone in public life has their family, their homes, protected.
“It is absolutely wrong, disgraceful, for any individual to take the kind of action that we saw against the prime minister’s home.”