To ask the Scottish Executive how many (a) arrests, (b) charges and (c) successful prosecutions for incitement to racial hatred there were in each of the last five years, broken down by police force.
Data on numbers of arrests andcharges is not held centrally, nor is there a specific crime code for “incitementto racial hatred”. Such crimes will be included within crimes arising from racerelations legislation, which includes offences arising from the Race Relations Actof 1976, and those parts of the Public Order Act 1986 which refers to acts likelyto stir up racial hatred and the possession of inflammatory material. The availableinformation is shown in the following tables.
The statistics dealing with recordedcrime and court proceedings are not directly comparable as a person may be proceededagainst for more than one crime involving more than one victim and there is thepossibility that the crime recorded by the police may be altered in the course ofjudicial proceedings. A crime may be recorded by the police in one year and courtproceedings concluded in a subsequent year. Crimes committed by children aged under16 are also generally dealt with through the children’s hearings system rather thanthe courts.
It is important to be aware of the differences between the output generated from these different sets of data.Firstly, not all recorded crimes will have been detected by the police, and therecan be occasions where the Procurator Fiscal decided not to proceed with a case.When reports are made to the Procurator Fiscal, there might be several charges underrace relations legislation against the same individual, which would become a singlecase. There could also be cases where a person is facing several different charges,which are grouped together, but the offence under race relations legislation isnot the main offence. Finally, the statistics on charges proved are only availableat the end of the case – it can take up to two years to go through the court systems.
Number of Crimes Arising fromRace Relations Legislation by Police Force, 2001-02 to 2005-06
Police Force | 2001-02 | 2002-03 | 2003-04 | 2004-05 | 2005-06 |
Central | 0 | 2 | 1 | 4 | 0 |
Dumfries and Galloway | 0 | 1 | 0 | 0 | 0 |
Fife | 0 | 0 | 0 | 0 | 0 |
Grampian | 0 | 4 | 4 | 4 | 4 |
Lothian and Borders | 0 | 4 | 0 | 6 | 3 |
Northern | 0 | 2 | 5 | 2 | 0 |
Strathclyde | 6 | 28 | 3 | 1 | 7 |
Tayside | 0 | 0 | 0 | 1 | 0 |
All Scotland | 6 | 41 | 13 | 18 | 14 |
Number of Persons with a ChargeProved in Scottish Courts where Main Offence Under Race Relations Legislation, 2000-01to 2004-05
Police Force | 2000-01 | 2001-02 | 2002-03 | 2003-04 | 2004-05 |
Central | 0 | 0 | 0 | 0 | 0 |
Dumfries and Galloway | 0 | 0 | 0 | 0 | 0 |
Fife | 0 | 0 | 0 | 0 | 0 |
Grampian | 0 | 0 | 0 | 0 | 0 |
Lothian and Borders | 0 | 0 | 0 | 0 | 0 |
Northern | 0 | 0 | 0 | 0 | 0 |
Strathclyde | 0 | 0 | 1 | 1 | 0 |
Tayside | 0 | 1 | 0 | 0 | 0 |
All Scotland | 0 | 1 | 1 | 1 | 0 |