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Scotland
CRIME AND DISORDER ACT 1998

33 Racially-aggravated offences.

50A Racially-aggravated harassment.
(1)A person is guilty of an offence under this section if he-
(a)pursues a racially-aggravated course of conduct which amounts to harassment of a person and-

(i)is intended to amount to harassment of that person; or
(ii)occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person; or

(b)acts in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress.

(2)For the purposes of this section a course of conduct or an action is racially aggravated if-
(a)immediately before, during or immediately after carrying out the course of conduct or action the offender evinces towards the person affected malice and ill-will based on that person's membership (or presumed membership) of a racial group; or
(b)the course of conduct or action is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group.

(3)In subsection (2)(a) above-
"membership", in relation to a racial group, includes association with members of that group;
"presumed" means presumed by the offender.

(4)It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender's malice and ill-will is also based, to any extent, on-

(a)the fact or presumption that any person or group of persons belongs to any religious group; or
(b)any other factor not mentioned in that paragraph.

(5)A person who is guilty of an offence under this section shall-
(a)on summary conviction, be liable to a fine not exceeding the statutory maximum, or imprisonment for a period not exceeding six months, or both such fine and such imprisonment; and
(b)on conviction on indictment, be liable to a fine or to imprisonment for a period not exceeding seven years, or both such fine and such imprisonment.

(6)In this section-
"conduct" includes speech;
"harassment" of a person includes causing the person alarm or distress;
"racial group" means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins, and a course of conduct must involve conduct on at least two occasions.

96 Offences racially aggravated.

(1)The provisions of this section shall apply where it is-
(a)libelled in an indictment; or
(b)specified in a complaint,
and, in either case, proved that an offence has been racially aggravated.

(2)An offence is racially aggravated for the purposes of this section if-
(a)at the time of committing the offence, or immediately before or after doing so, the offender evinces towards the victim (if any) of the offence malice and ill-will based on the victim's membership (or presumed membership) of a racial group; or
(b)the offence is motivated (wholly or partly) by malice and ill-will towards members of a racial group based on their membership of that group,
and evidence from a single source shall be sufficient evidence to establish, for the purposes of this subsection, that an offence is racially aggravated.

(3)In subsection (2)(a) above-
"membership", in relation to a racial group, includes association with members of that group;
"presumed" means presumed by the offender.

(4)It is immaterial for the purposes of paragraph (a) or (b) of subsection (2) above whether or not the offender's malice and ill-will is also based, to any extent, on-
(a)the fact or presumption that any person or group of persons belongs to any religious group; or
(b)any other factor not mentioned in that paragraph.

(5)Where this section applies, the court shall, on convicting a person, take the aggravation into account in determining the appropriate sentence.

(6)In this section "racial group" means a group of persons defined by reference to race, colour, nationality (including citizenship) or ethnic or national origins.