Exclusive:Warning some police officers will not have completed training ahead of hate crime launch

Police Scotland will begin enforcing the Scottish Government’s Hate Crime Act from Monday after the force previously called for the roll-out to be delayed in order to be better-prepared to deal with the new law.

The law will create new stirring up of hatred offences for protected characteristics including age, disability, religion, sexual orientation and transgender identity. These extra provisions will add to the long-standing stirring up racial hatred offences, which have been in place since 1986. Under the law, offences are considered "aggravated" if they are motivated by prejudice on the basis of set characteristics, which could influence sentencing by judges. Crucially, a criminal act must have occurred for the hate crimes aggravator to be applied.

Concerns have been raised that the online training module undertaken is not adequate to prepare front line police officers to deal with the new legislation.

But now, the Scottish Police Federation, the union for rank-and-file officers, has claimed that not all officers will have received their online training before the roll-out begins.

In a letter to Holyrood’s Criminal Justice Committee, David Kennedy, the general secretary of the Scottish Police Federation, has insisted that his organisation has “been concerned from the outset” that officers “have not received the appropriate training” to enforce the Hate Crime Act.

Mr Kennedy added that Police Scotland has “been pushed in a certain direction due to finances and time constraints”, but stressed “the current product falls short”.

He said that the Scottish Police Federation “believe that it may leave officers exposed and confused” about “what is or is not a crime under the act”.

Mr Kennedy added: “We need to see face to face training and proper scrutiny on understanding.

“I’m unaware how many officers will have completed the training course but given that it began on February 5, 2024, it’s unlikely that all officers will have been trained prior to April 1, 2024.”

Scottish Conservative MSP Murdo Fraser has been at the centre of a row after he accused Police Scotland of acting “unlawfully” following a non-crime hate incident being logged against him, despite not committing a crime.

He said: “It’s bad enough that a two-hour online module is the extent of police training ahead of the introduction of this deeply flawed law – but it’s totally unacceptable that some officers will not even have received that.

“The public – not to mention officers themselves – will rightly be alarmed at how ill-equipped the police are to handle complaints.”

He added: “Humza Yousaf’s dangerous Hate Crime Act will lead to a big spike in complaints to police – including spurious ones, like the one lodged against me – so it’s imperative officers are properly trained.

“Our overworked police are being set up for failure and, as a result, public trust in policing will be undermined. This law, which risks criminalising free speech, is destined to be disastrous and should be scrapped.”

The fears come as Police Scotland stands by its policy to log every non-crime hate incident after Mr Fraser revealed his has been listed after being reported to officers for criticising Scottish Government transgender policy on social media.

A legal challenge south of the Border has meant officers in England and Wales no longer record incidents that are malicious or trivial. Under Police Scotland policy, officers are required to record all hate incident reports, even if there is no evidence of a crime. Mr Fraser has obtained legal advice he says shows Police Scotland were aware its policy on non-crime hate incidents needs updated.

Speaking to The Scotsman, Mr Fraser said: “It is now apparent that Police Scotland were aware that there were issues with their guidance on recording non-crime hate incidents last year, and that this needed to be changed.

“This followed on from the police in England having to change their policy following the Court of Appeal judgement in the Miller case, which held the previous policy to be unlawful as a breach of human rights.”

He added: “Despite this, and the legal advice I have obtained on the unlawfulness of the policy, Police Scotland continue to operate it and defend it, as did the First Minister yesterday. It is now inevitable that they will have to concede on this point.

“If they don’t do this before the new Hate Crime Act comes into force next week, they will be deluged with spurious and vexatious complaints which will lead to many more hate incidents being unlawfully recorded.”

Previously, Police Scotland has insisted that the training package “has been developed in close consultation with diversity staff associations to ensure all protected characteristics under the new Act are clearly represented and articulated, and that officers are best prepared when they respond to hate crimes and incidents”.

A spokesperson added: “In addition, an extensive programme of workshops is taking place to allow officers to gain more understanding and ask any questions they may have.

“For recording purposes, the perception of the victim or any other person is the defining factor in determining whether an incident is a hate incident or in recognising any malice element of a crime. The alleged actions of the perpetrator must amount to a crime under the rules of the Scottish Crime Recording Standards.

“Police Scotland developed national guidance to support officers in recognising, investigating and progressing reports of hate crimes and hate incidents. The guidance was produced on 27 April 2021 and makes clear the victim-centred approach officers must take in recording and understanding the impact the incident has had upon the victim.”