Regulations tabled to add sex to Hate Crime Act

Regulations designed to add sex as a protected characteristic to hate crime legislation have been tabled at Holyrood.

The Scottish Government initially left sex out of the controversial Hate Crime and Public Order (Scotland) Act, planning to create a standalone misogyny offence.

But those proposals were dropped last year in favour of simply adding sex to the current legislation, which criminalised the “stirring up of hatred” against protected groups.

If passed by Holyrood, the regulations will come into force on April 5 next year, with Justice Secretary Angela Constance claiming the delay is necessary to allow Police Scotland to prepare.

“These regulations will significantly strengthen legal protections for women and girls from offences motivated by prejudice and hatred because of their sex, and they will ensure that Scotland’s justice system can respond appropriately,” she said.

“The changes will mean women and girls have the same protections as victims who are targeted because of a specific characteristic, such as age, religion or disability.

“Men and boys will also be protected, however, we know that women and girls suffer significantly more from threats, abuse and harassment based on their sex, so they are likely to benefit most from those new protections.

“The vast majority of responses received during the consultation on these proposals supported adding the characteristic of sex to both the stirring-up of hatred offence and the aggravation.

“The regulations will come into force on April 5 2027, giving Police Scotland the necessary time to update training and guidance, and ensuring they are operationally ready for the change.”