Hate crime: Senior police officers warn activists could 'weaponise' new legislation

The Association of Scottish Police Superintendents say they fear officers will be inundated with “spurious” complaints and drawn into “abusive spats” online, which will take them away from tackling more serious crimes.

This comes after the Scottish Police Federation revealed not all officers have been trained in the law, which comes into force on Monday, saying some will be “confused regarding what is or is not a crime under the act”.

The law makes it an offence to stir up hatred against protected characteristics such as age, disability, religion, sexual orientation and transgender identity - a similar law against racism has existed since the 1980s.

In a letter to Holyrood’s criminal justice committee, the Association of Scottish Police Superintendents’ president Chief Superintendent Rob Hay said: “There is certainly enough anger and hateful bile online to occupy every police officer in Scotland.

“The extent to which society will tolerate or expect the police to be drawn into adjudicating ill tempered, abusive spats online is a matter for wider debate.”

He added: “We have a concern that individuals who could be described as the ‘activist fringe’ of particular viewpoints … will seek to ‘weaponise’ the new legislation and associated police investigation.”

This comes after Conservative MSP Murdo Fraser said he will launch legal action against Police Scotland after discovering he had been recorded as committing a “hate incident” for a post on X where he criticised the Scottish Government’s non-binary policies.

Mr Hay says those who have expressed “offensive” but “non-criminal” views who are then reported to the police will feel “aggrieved by this process and lose trust in the police”.

Get the inside track on what’s happening in the world of Scottish politics with our daily newsletter

He added: “Further, the initial complaint may have been made in good faith, by someone who is genuinely offended but fails to understand the threshold for the criminal offence, having had high expectations of the new legislation.

“When they are told that the police will be taking no further action, they may feel aggrieved by this process and lose trust in the police.”

A spokesperson for the Scottish Government said: “We have worked with partners, including Police Scotland, to ensure effective implementation of the legislation and the timetable for commencement has allowed for the delivering of a robust package of training and guidance for police officers.”