An attorney associated with the Scottish National Party has suggested that to enforce the new hate crime law effectively, it could potentially lead to the arrest of every football fan at a stadium. This controversial statement comes amidst uncertainties surrounding the application of the Hate Crime Act in the context of football matches in Scotland.
As of now, there have been no formal discussions between government bodies, the Scottish Football Association (SFA), or police agencies regarding how the Act will influence football games. Alistair Bonnington, a former law professor and legal head at BBC Scotland, indicated that the law might encompass offenses related to religious hatred.
Thomas Ross KC highlighted potential outcomes from the weekend’s football match, suggesting that Celtic supporters could report sectarian songs from the opposing fans as hate crimes to Police Scotland. This follows comments by Ally McCoist, who criticized the law by claiming it could lead to the mass arrest of 48,000 Rangers fans, himself included, labeling it as ‘madness’.
The ambiguity of the government’s instructions on enforcing laws against “hatred or prejudice” has left major football clubs and the SFA unprepared for possible legal repercussions during games. Historical tensions between Celtic and Rangers fans, characterized by derogatory banners, sectarian chants, and other provocative actions, could now trigger legal actions under the new legislation, according to Ross.
Ross also expressed concerns about the practicality of applying this law at football matches or elsewhere, calling it too convoluted for effective legal prosecution.
Amid these unfolding events, Conservative MSP Murdo Fraser criticized Police Scotland for their inconsistent application and recording under the country’s hate crime statutes. He accused the police force of political bias in their differential treatment of comments made by SNP leaders versus opposition figures. Fraser is considering legal steps against Police Scotland for what he perceives as unjust actions against him, including the demand for an apology and the destruction of all records related to his hate crime report.
