Scottish government indicates that its new hate crime law will apply onboard ferries and planes too

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​​The Scottish government has indicated that the country's new hate crime law will apply on ferries and aeroplanes... though the exact circumstances are unclear.

Amid much criticism of the new law, The News Letter has been seeking to find out whether it ceases to have any force outside the shores of Scotland.

Scottish police referred the News Letter to the Scottish government when asked the question.

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And Scottish prosecutors (officially called the Crown Office and Procurator Fiscal Service) did likewise, saying "you could put this to Scottish government, and you could also seek your own legal guidance on how reports of crime are investigated in Scotland".

An aircraft taking off from Glasgow airportAn aircraft taking off from Glasgow airport
An aircraft taking off from Glasgow airport

In turn, a spokeswoman for the Scottish government's justice and home affairs section did give an answer – albeit one which isn't definitive.

She referred the News Letter to a set of rules about how Scottish police are meant to log offences – specifically a section called "procedure for recording crimes committed in the air or at sea".

This sets out what Scottish police must do "where a crime is reported on an aircraft in flight and it is not clear where the crime has occurred".

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For internal UK journeys, the rules state that the crime must be recorded by whichever police force covers the aircraft or ship's point of departure.

However, the rules also say that one of the "principles" to be considered is that Scottish prosecutors have the power to prosecute crime on board any "British-controlled" craft "as if it occurred in the UK".

So, in short, what the rules appear to mean is this: any offence that happens on a ship or plane outbound from Scotland going to Northern Ireland, Wales, or England will be reported to Scottish police.

But, in principle, if that offence happens on a "British-controlled" plane or boat anywhere in the world, Scottish prosecutors could decide to take the case on.

What about foreign craft going to and from Scotland?

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If it is inbound, Scottish prosecutors "can prosecute for offences if they would also constitute an offence in the country in which the [craft] is registered".

If it is outbound, "then it should be reported to the country of destination", say the rules.

The News Letter has sought further clarity and if any comes, this piece will be updated.

The new law makes it a crime to say something “abusive” which is “likely” to stir up hate on racial or national grounds, or to do so with the “intent” to stir up hatred based on transgender status, age, and religion.

The maximum penality is seven years in jail.