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Criminal Justice Committee 25 February 2026 [Draft]

25 Feb 2026 · S6 · Criminal Justice Committee

Item of business

Subordinate Legislation

Hate Crime and Public Order (Scotland) Act 2021 (Characteristic of Sex) (Amendment and Transitional Provisions) Regulations 2026 [Draft]

Constance, Angela SNP Almond Valley Watch on SPTV

Good morning. The Scottish Government is committed to strengthening Scotland’s criminal law to protect women and girls from hate and prejudice. That is why, on 28 January 2026, we laid the SSI before Parliament, setting out our proposal to add the characteristic of sex to the Hate Crime and Public Order (Scotland) Act 2021. This marks a milestone in our work to deliver stronger, clearer hate crime protections, particularly for women and girls, who we know experience disproportionately high levels of harassment, abuse and threatening behaviour that is motivated by prejudice based on their sex. The legislation that we have laid builds on the evidence and ensures that our justice system can respond, as it does already, to hate crime concerning, for example, race, religion or sexual orientation.As is required under the 2021 act, a draft SSI was laid in Parliament last year, and a public consultation was undertaken to seek views on it. We have published an analysis of the responses that we received, which found that, although there was a range of views, there was support from a significant majority both for the addition of the characteristic of sex to the 2021 act and for the specific approach that was taken in the SSI. I take this opportunity to thank the numerous organisations and individuals who took the time to share their views during the process.The measures that are set out in the SSI will make it a specific criminal offence to stir up hatred against a group of persons because of their sex and will ensure that, where any offence is motivated by or demonstrates malice and ill will towards someone because of their sex, it may be treated as an aggravated offence, which is rightly recognised as more serious in our justice system.Designating sex as a characteristic under the 2021 act will ensure that women and girls will benefit from specific hate crime protections that are equivalent to those that are already in place for age, disability, religion and other characteristics. Although the provisions apply to men and boys, too, the evidence is clear and consistent that women and girls face the greatest harms most frequently and most severely. That is why I indicated in my evidence to the committee in September that I was not prepared to allow that gap to continue and that women and girls deserve that protection. The SSI strengthens the tools that are available to police, prosecutors and courts, sends a clear message that abuse driven by misogyny and sex-based prejudice has no place in our communities and ensures that women and girls will receive the same level of legal protection as victims targeted because of other characteristics in hate crime law.Protecting women and girls from violence and hate is not simply a legislative priority but a moral imperative. The regulations represent a necessary further step towards a justice system that recognises and responds effectively to the lived reality of women and girls across Scotland.As always, I am more than happy to take questions.

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Criminal Justice Committee 25 February 2026 [Draft]

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