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CERES: Centre for Education for Racial Equality in Scotland

OTHER LAWS RELATING TO RACE

The Public Order Act 1986 prohibits promoting racial hatred. It defines racial hatred as hatred against a group of persons in Great Britain defined by reference to colour, race, nationality - including citizenship - or ethnic or national origins. It prohibits the use of threatening, abusive or insulting words or behaviour, or displaying any written material which is threatening, abusive or insulting with the intention of stirring up racial hatred or where racial hatred is likely to be stirred up.

For example if a teacher or student was using threatening or insulting words or behaviour about asylum seekers or Gypsy Travellers which might then cause other students to act against them then this might fall under the definition of promoting racial hatred and could potentially be deemed to be a criminal offence.

The Crime and Disorder Act 1998 provides for crimes to be deemed to have been racially aggravated. This means that a judge can provide a stronger punishment for the crime because it has been deemed to be racially motivated.

For example where a pupil commits an assault on a teacher, if it was motivated due to the teacher’s race, nationality or ethnic origin, then the assault could be deemed to be racially motivated and if prosecuted could attract a stronger punishment as it would be treated as being racially aggravated. It is worth noting here that there are similar provisions in the Criminal Justice (Scotland) Act 2003 in relation to religious hatred as an aggravating factor