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An offence is racially or religiously aggravated if it involves hostility towards a racial group, or the victim has been insulted about being part of a racial or religious group. In order to prove that offence is racially or religiously aggravated, there has to be evidence of malice and ill-will in the communication; in other words, there should be an intention for the offending communication to be threatening. Threatening communications can either be communications which contain threats or serious harm, or where threats are made with the intent of stirring up hatred on religious grounds.

Racially Aggravated Offences Scotland

Racially or religiously motivated attacks are attacks are those carried out because of someone's racial or ethnic origin, or her/his religion or lack of religion or their presumed race or religion. This is also known as 'hate crime'. It can involve either a physical attack, verbal abuse or threats on a person or group of people by another person or group of people; written abuse; or sectarian songs or chants.

Section 50A of the Criminal Law Consolidation (Scotland) Act 1995 lays out that it is an offence to:
(a) pursue 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) act in a manner which is racially aggravated and which causes, or is intended to cause, a person alarm or distress.

If you have been charged with a racially aggravated offence, it is important you speak with an experienced solicitor in the field. Our solicitors have extensive experience and knowledge in the field and will work hard to get you the best possible outcome. Get in touch with our criminal defence solicitors for a free, no-obligation consultation.

Contact our Racial Abuse Solicitors Kirkaldy, Alloa, Dunfermline, Stirling & Edinburgh

If you have been accused of racial abuse, it’s important to act fast. Our racial abuse solicitors can assist by discussing your options with you confidentially. We provide a fully comprehensive legal service from liaising with the police through to representing you in court. We also have a highly qualified team of solicitor advocates who can represent you in the high courtOur legal firm is widely recognised as one of Scotland's leading criminal defence teams and someone will be available to take your call 24 hours a day, seven days a week. We defend our clients in Alloa, Dunfermline, Edinburgh, Glenrothes, Kirkcaldy, Methil, Perth, Stirling, Dundee and throughout Scotland. Call our criminal defence lawyers for a free, initial consultation in Dunfermline on 01383 730 466, in Kirkcaldy on 01592 640 680, in Alloa on 01259 725 922 or make an online enquiry.

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