Of race, racism and racially motivated offences: a review of the Hate Crime and Public Order (Scotland) Act 2021.

Ilesanmi, Olufemi; McKandie, Danielle

Abstract

It is assumed in this study that a relationship of social and legal significance does exist between the prohibition of expressions or manifestations of racism in a society and its preservation of racial diversity. "Hate Crime and Public Order (Scotland) Act 2021" is reviewed, asking whether or how race is protected through its provisions against racism. Although the Scottish regime remains the focus here, "race, racism, and racially motivated offences" are all set and examined in wider conceptual and historical contexts. The review analyses the immediate context of the 2021 legislation and its provisions, principally examining 1) Statutory Aggravation and Race; 2) Aggravated Harassment; and 3) Stirring up Hatred. In the end, two cognate questions are raised: firstly, could the new anti-racist hate regime in Scotland promote a civic duty to report or intervene against racially motived offences? Secondly, could it deter, or transform the heart of, a potential offender?

Citation

ILESANMI, O. and MCKANDIE, D. 2024. Of race, racism and racially motivated offences: a review of the Hate Crime and Public Order (Scotland) Act 2021. Class, race and corporate power [online], 12(1), article number 2. Available from: https://digitalcommons.fiu.edu/classracecorporatepower/vol12/iss1/2/

• Journal Article Type: Review
• Acceptance Date: Apr 10, 2024
• Online Publication Date: Apr 14, 2024
• Publication Date: Jun 30, 2024
• Deposit Date: Apr 11, 2024
• Publicly Available Date: Apr 23, 2024
• Journal: Class, race and corporate power
• Print ISSN: 2330-6297
• Electronic ISSN: 2330-6297
• Publisher: Berkeley Electronic Press
• Peer Reviewed: Peer Reviewed
• Volume: 12
• Issue: 1
• Article Number: 2
• Keywords: Hate crimes; Racism; Race and society; Protected Characteristics; Scotland; UK
• Public URL: https://rgu-repository.worktribe.com/output/1888013
• Publisher URL: https://digitalcommons.fiu.edu/classracecorporatepower/vol12/iss1/2/