COP report claims Racist abuse hurled at Asian Muslim women is not a hate crime

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  • According to a new report from Police Scotland, an example cited suggests that an angry racist man verbally abusing an Asian Muslim woman is not classified as a hate crime.
  • Despite the anti-Muslim and racist nature of the incident, the report indicates that it does not meet the criteria for categorisation as a hate crime.

An example involving a dispute about a garden fence was cited in an update regarding the police force’s approach to a new Hate Crime legislation in Scotland.

In the hypothetical scenario, the man says to his neighbour, “this is typical of your lot” and falsely labels her as an “asylum seeker”.

However, the police state that the man’s actions do not offer “essential elements of any crime” even though they note he presents a “real risk of significant harm” to those protected by the controversial laws.

In this particular scenario, police conclude that the incident should be recorded as a “non-hate crime incident” (NHCI) where the man’s details are taken but no crime is reported.

The example, set to be deliberated during the Scottish Police Authority board meeting on Thursday, reads as follows:

‘A police officer is called to a neighbour dispute.

An Asian Muslim woman reports an issue with her neighbour who is complaining about a fence.

During this he stated to her “this is typical of your lot”.

She perceives this to show hostility towards her race and religion.


She states he has made comments before while out in his garden and at the car that include, “this is what happens when they give our houses to asylum seekers,” and ‘these people have been responsible for a lot of things’.

An officer speaks to the man who is “very angry with strong opinions” and he appears to have “issue with any neighbours who are black or Asian with a perception that they all must be asylum seekers.


None of his conduct provides sufficiency for essential elements of any crime. Police perceive that, due to his demeanour and views, there is a likelihood of real risk of significant harm to individuals or groups who are protected by the legislation and/or a real risk that a future criminal offence may be committed against those individuals or groups.

If officers are in any doubt whatsoever, they should seek advice from Hate Crime Champions, Hate Crime Advisors or Policing Together, Partnerships and Prevention.’

Hate Crime and Public Order (Scotland) Act came into effect on April 1st. Since then police have faced “a significant volume” of hate crime complaints including 9,705 online reports, 1,301 hate crimes reported and 147 no crime hate incidents.

Scottish Police Federation secretary David Kennedy reacted to the new report:

“If a police officer has to contact five different people including a hate crime champion to ask if this is a crime then clearly something isn’t right.”

David Kennedy of the Scottish Police Federation

On 21 May 2024, The National Record of Scotland highlighted the younger age profile of the country’s Muslim population. The population of Scotland in 2022 totalled 5,439,842; the Muslim population: 119,878. Consequently, Muslims form 2.2 % of the  population. The increase in the Muslim Population between 2011 and 2022 is 43,141 [56.2%].

The Muslim Council of Great Britain asserts, “The Muslim roots in Scotland run deep, beginning with the intrepid pedlars cycling from town to town in the 1920s selling their wares, and the merchant seamen docking on the Clyde deciding to settle on land.”

This manifestation of Islamophobia, xenophobia, racism, and anti-Muslim sentiment among those in positions of authority must be addressed promptly and decisively.

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