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Scotland’s new hate crime laws will cause “havoc” for officers north of the border, the head of a major police agency has said.
The Scottish Government’s controversial new hate crime laws came into force on Monday, despite warnings that police officers lack sufficient training to determine which comments merit investigation. .
The law creates new hate crimes against protected characteristics, including sexual orientation, transgender identity, religion, disability, and age.
Critics of the move, including JK Rowling and Elon Musk, argue it will lead to a surge in troubling complaints and have a chilling effect on free speech.
SNP community safety minister Siobhan Brown admitted on Monday that people who misgender transgender people online “may be subject to investigation”.
David Kennedy, general secretary of the Scottish Police Federation, said any attempt to implement the new law risked angering both sides in a contentious online debate.
Mr Kennedy told Radio 4: “It’s going to wreak havoc on confidence in police forces in Scotland, but certainly it will be mitigated.” today program.
The heads of agencies representing rank-and-file employees will be required to sort out to the appellate court “the actual elements of this law and how they should be interpreted in law.” He said it was highly likely.
Mr Kennedy added: “Our biggest frustration since this started is that police are not being given any additional money to provide additional training… all we’ve received is 2. “Only online training for hours,” he added.
Police Scotland recently told an MSP committee that “more than 10,000 officers” had received training to enforce the new laws, meaning around 6,000 officers had not. .
Last month, the force said officers were instructed to “target” comedians and actors after it was revealed that training materials said incitement to hatred could be carried out through “public performances of drama”. He denied that he had done so.
Chief Superintendent Rob Hay, from the Scottish Association of Police Superintendents (ASPS), said there was a “significant increase” in complaints and could put officers in a “very difficult position”.
The senior official told the BBC on Sunday that he was concerned that some people would “actively use this bill to score points against those sitting on the other side of particularly controversial debates”. He said he was doing it.
He said members of the public could feel “outraged” if their details were kept by police after reporting a hate crime, even if no charges were brought.
JK Rowling, along with podcaster Joe Rogan and X owner Elon Musk, criticized new Scottish legislation that was passed at Holyrood in March 2021 but was postponed this month.
of Harry potter The author vowed to “keep calling men men” even after the “ridiculous law” comes into effect on April 1.
Responding to criticism of Ms Rowling by transgender rights campaigners and questions about whether misgendering someone on the internet is considered a crime, the SNP community safety minister said: today Show: “It would be a matter for the police to determine what happened.”
“It could be reported, it could be investigated. It’s up to Police Scotland whether they consider it a crime,” Brown said.
Some activists are concerned that protections for women are omitted from the new law. The SNP-led Scottish Government has vowed to introduce standalone legislation aimed at tackling misogyny.
Human rights activist Peter Touchell said the exclusion of women from hate crime laws was a “stunning exclusion”.
“This is an astonishing exclusion because there are no protections against misogyny and women are victims of incredible levels of hate and harassment,” Tatchell said. today.
SNP leader Humza Yousaf defended the new law as “hugely important” in tackling hate crime. Scotland’s First Minister said last week that police officers would be able to “eliminate pesky complaints”.