|
This information applies to Scotland only
What are racially and religiously motivated attacks
Racially motivated attacks and religiously motivated attacks are attacks which are carried out because of someone's racial or ethnic origin, or her/his religion or lack of religion. They include the following:-
- a physical attack on a person or family by another person or group of people
- an attack on a person's or family's home or property, for example, breaking a window, throwing an object through a letter box or setting a car alight
- verbal abuse or threats
- written abuse, for example, a letter, pamphlet, e-mail or telephone text message
- an abusive slogan painted on a wall or building
Racial and religious offences
If you have been harassed or attacked because of your race or religion, the person who attacked or abused you may have committed an offence.
In addition, if someone stirs up hatred of a particular racial group, for example, by publishing or distributing insulting information, they may be prosecuted for racial hatred. Information can include printed material such as leaflets or magazines. It can also include content on websites, emails and internet chat rooms. You can report internet content which stirs up racial hatred to the Internet Watch Foundation at: www.iwf.org.uk.
There is no law which covers inciting hatred against a particular religious group.
The law relating to racially and religiously motivated attacks, and other incidents, is complicated, and you should get advice, for example, from a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Racially and religiously aggravated criminal offences
If a criminal offence is racially or religiously aggravated, the court can impose a more severe sentence than if it was not racially or religiously aggravated. Some examples of offences which can be racially or religiously motivated are:-
- criminal damage
- assault, actual bodily harm and grievous bodily harm
- harassment.
An offence is racially or religiously aggravated if, at the time it is committed, the offender is insulting about the victim's membership (or presumed membership) of a racial or religious group, or the offence is motivated by hostility towards members of a particular racial or religious group.
There may have been previous attacks in the area which could help to indicate that an attack was racially or religiously aggravated. There may also be a local organisation, for example, a community group or the Citizens Advice Bureau, which can confirm that there is a history of such attacks in the area. Evidence of a history of attacks in an area may help to prove to the police that an offence is racially or religiously aggravated.
The law relating to racially and religiously aggravated offences is complicated, and you should get advice, for example, from a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Back to top
Dealing with a racially or religiously motivated attack
If you have been the victim of an attack, it will help, when reporting it, if you can give the following information:-
- how you were attacked
- if you know it, the identity of the attacker and where s/he lives or, alternatively, what the attacker looked like and/or what they were wearing
- what, if anything, was said by the attacker, particularly anything insulting about your race or religion
- why else you regard the attack as having been racially or religiously aggravated
- if you have been attacked before, when and by whom
- where the attack was made
- when the attack was made (date and time of day or night)
- the nature of any injuries sustained. It might be helpful to obtain medical evidence
- if anyone else was attacked
- the names and addresses of any witnesses.
Back to top
Reporting the attack to the police
If you want help or support in contacting the police, you can approach a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB. If you have been attacked by a member or members of the police, you should always obtain advice.
The government's own guidance defines a racist incident as '…any incident which is viewed as racist by the victim or any other person'. This means that if either the victim or any other person, for example, a witness or a police officer, perceives an attack as racially motivated, the police should record it as such. The definition does not currently take into account religiously motivated attacks.
When you contact the police, you can ask to be interviewed at the police station, your home or a mutually agreed neutral location, for example, the Citizens Advice Bureau (if they allow this). In any case, it is generally advisable for another person to attend with you, for example, a solicitor experienced in this type of work, a Citizens Advice Bureau adviser or a friend.
If you have difficulty speaking or understanding English, you may find it helpful to have an interpreter with you. You can ask the police to provide an interpreter, ask a friend or relative, or approach a local organisation, for example, the Citizens Advice Bureau.
What to do if the police take no action
The police must compile a report about the alleged attack and submit it to the Procurator Fiscal who decides whether or not to prosecute. If you believe that the police have not taken the attack seriously enough, you may be able to make a complaint.
It's against the law for the police to discriminate against you because of your race, sex, sexuality, religion or disability. If you feel they are not taking your complaint seriously because of discrimination, get advice about what to do.
For more information about race discrimination, see Taking action about race discrimination.
For more information about sex discrimination, see Taking action about sex discrimination.
For more information about disability discrimination, see Disability discrimination.
For more information about discrimination because of sexuality, see Discrimination because of sexuality.
For more information about discrimination because of religion, see Discrimination because of religion or belief.
Before making a complaint, you should first seek advice, for example, from a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
Back to top
Attacks at work
If you have been attacked at work, the attack might constitute race (or religious) discrimination.
For information about dealing with race discrimination at work, see Basic rights at work
For general information about dealing with race discrimination, see Taking action about race discrimination.
Back to top
Attacks at or near the home
If you have been attacked at or near home, the local authority may be able to take action.
It's against the law for the police to discriminate against you because of your race, sex, sexuality, religion or disability. If you feel they are not taking your complaint seriously because of discrimination, get advice about what to do.
For more information about race discrimination, see Taking action about race discrimination.
For more information about sex discrimination, see Taking action about sex discrimination.
For more information about disability discrimination, see Disability discrimination.
For more information about discrimination because of sexuality or religion, see Discrimination because of sexuality, religion or age.
For information about attacks that have taken place near home, see Antisocial behaviour.
Back to top
Attacks at school
A child may have been attacked at or near school. If so, the school should have an established procedure for dealing with such incidents, and should co-operate with the police and local education authority.
It's against the law for the police to discriminate against you because of your race, sex, sexuality, religion or disability. If you feel they are not taking your complaint seriously because of discrimination, get advice about what to do.
For more information about race discrimination, see Taking action about race discrimination.
For more information about sex discrimination, see Taking action about sex discrimination.
For more information about disability discrimination, see Disability discrimination.
For more information about discrimination because of sexuality or religion, see Discrimination because of sexuality, religion or age.
For more information, see Problems at school.
Back to top
Further help
If you have been the victim of an attack, you should always seek advice. You can get this from a Citizens Advice Bureau. You could also get help from your local Victim Support scheme or another local organisation.
For more information about Victim Support, see Personal injuries.
You could also contact the Monitoring Group Freephone Emergency Helpline. The Helpline advises victims of racial harassment and abuse. It is available 24 hours a day, and is staffed by volunteers recruited from black and ethnic minority communities, to ensure that they can communicate with the caller in the appropriate language. The Helpline number is 0800 374 618.
If you have suffered a personal injury as the result of a racially or religiously motivated attack, you may be eligible for compensation under the Criminal Injuries Compensation Scheme.
For more information, see Personal injuries.
Back to top
|
