Scotland's Hate Crime Spike
Scotland Records Unprecedented Surge in Hate Crime Charges Across Multiple Categories
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Key Points
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The 'stirring up hatred' offense appears in the data for 2025-26, with 48 charges recorded, representing a 24% drop from the previous year as part of the evolving hate crime framework.
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Age-related aggravations and variations in sex characteristics declined for the second consecutive year, indicating ongoing changes in how some aggravations are reported or charged.
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Religious aggravation charges rose to 537 in 2025-26, up 5.1% from the previous year, though totals are broadly in line with numbers seen over the last five years.
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Sexual orientation aggravated crimes represented 29% of all hate crime charges in 2025-26, the highest share since the aggravation was introduced.
Scotland recorded 7,115 hate crime charges in 2025-26 — the highest total since records began in 2003-04, according to COPFS. That marks a 17% jump from the previous year and covers every category of hate crime on the books.
Lord Advocate Ruth Charteris KC said the figures should concern everyone. "Every hate crime represents a decision to target a person because of who they are," she said, adding that prosecutors remain committed to holding offenders to account. About 94% of charges led to prosecutorial action, and only 2% resulted in no action at all.
Race Hate Charges Hit a 12-Year High
Race-related offences remain the most common type of hate crime by far. There were 3,990 such charges in 2025-26 — up 17% from the year before and the highest number since 2013-14, according to Herald Scotland. Race crimes made up 56% of all hate crime charges recorded.
Scottish Greens equalities spokesperson Kate Nevens MSP called the figures "shocking and heartbreaking." She said they "have been fuelled by a resurgent far right, toxic narratives and a hostility that has too often been amplified and normalised by too many politicians and parts of the media," according to Glasgow Live.
Disability and Sexual Orientation Charges Reach All-Time Highs
Disability aggravated charges rose 25% to 1,370 — the highest since the law allowing that aggravation came into force. Sexual orientation charges climbed 20% to 2,062, also the highest since the relevant law was introduced in 2010. That category now accounts for 29% of all hate crime charges, its largest ever share, according to Seaside Radio.
Transgender identity charges rose 21% to 104. Religious aggravation charges reached 537, up 5.1%, broadly in line with the five-year average. Meanwhile, age-related aggravations fell sharply — dropping 50% to just 44 charges — marking a second straight year of decline in that category.
'Stirring Up Hatred' Law Sees Drop in Its Second Year
The Hate Crime and Public Order (Scotland) Act 2021 created a new offence of "stirring up hatred." In its first year, 63 charges were recorded. In 2025-26, that fell 24% to 48 charges, according to Yahoo News. Analysts say police may be applying a stricter threshold for what meets the legal bar of "threatening and abusive" conduct.
The Act came into force in April 2024 and sparked a major public debate. Critics — including author JK Rowling — argued it could chill free speech. Supporters say it has given victims more confidence to report. Officials point to the 94% prosecutorial action rate as evidence that the system is not pursuing trivial complaints.
Government and Courts Now Face a Heavy Caseload
With 94% of 7,115 charges moving toward prosecutorial action, the courts face a significant backlog. Victims and Community Safety Minister Kirsten Oswald said the government "stands firmly against any form of hatred, prejudice or intolerance" and pointed to recent violent incidents in Edinburgh as proof of the urgency, according to Glasgow Live.
Looking ahead, Scotland may see charges climb even higher. The government has signalled separate legislation to add misogyny as a protected characteristic. That could push future annual totals well beyond the current record of 7,115, according to Herald Scotland.
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