JERSEY’S government is aware of the “public concern” over Scotland’s new hate-crime law, the Home Affairs Minister has said, as officials work to bring similar legislation to the Island.
Responding to a written States question from Deputy Karen Wilson, Deputy Mary Le Hegarat reiterated that work on Jersey’s Draft Crime (Prejudice and Public Disorder) Law, which would address crime motivated by hatred or prejudice, was under way.
But noting the controversy in Scotland, she said any such law in Jersey would be “tailored to the needs of our community with appropriate defences where relevant”.
Meanwhile, the chief executive of Liberate Jersey, Kaye Nicholson, said that the Island had “the opportunity to craft a robust legislative framework for people to seek redress in courts” if they have been the victim of a hate-motivated crime.
In England, since 1984 an offence can be deemed a hate crime if the offender has demonstrated hostility, or been motivated by hostility, based on race, religion, disability, sexual orientation and/or transgender identity. This categorisation can lead to higher sentences.
On 1 April this year, the Hate Crime and Public Order (Scotland) Act 2024 came into force.
It created a new offence of “threatening or abusive behaviour which is intended to stir up hatred” on the grounds of age, disability, religion, sexual orientation, transgender identity and variations in sex characteristics, expanding the scope of England’s law.
Scotland’s First Minister, Humza Yousaf, hit back at “disinformation and inaccuracy” spread about its implementation after groups and individuals, including the author J K Rowling, said there were no protections against misogyny and that it would hinder freedom of speech.
Answering the States question, Deputy Le Hegarat said: “Unlike most jurisdictions, Jersey has not yet introduced legislation to address crime motivated by hatred or prejudice against groups of people, and there are no customary law offences which expressly cover this area.
“This is a gap that must be addressed in order for Jersey to meet its present international obligations.”
She added: “It is important that a modern, diverse society such as Jersey should provide adequate protection from such fundamentally unacceptable behaviour as hate speech and stirring up hatred or prejudice.
“Having appropriate legislation in place to address such behaviour would clearly re-enforce Jersey’s commitment to equality, reflected recently in the introduction and gradual extension of the Discrimination (Jersey) Law 2013.”
Deputy Le Hegarat continued: “That being said, Scotland’s expansion of the scope of the offences has met with some public concern, and I am determined that anything that we do locally will be tailored to the needs of our community with appropriate defences where relevant.
“Very careful consideration will need to be given to the balance between the protection of free speech and any legitimate public interests the offence might pursue.”
Last year, the Island’s legislative gap was brought into sharp focus following a homophobic attack in St Helier, where the perpetrator was charged with assault – and not a hate crime.
Ms Nicholson, who recently took up the post as chief executive of the Island’s equality and diversity charity, said Liberate “welcomed” the minister’s commitment to progressing the legislation.
She said: “We are confident that this will be considered carefully in order to affect the best level of protection for all members of our society who might be subject to distress and harm from a crime motivated by hatred.
“Jersey has the opportunity to craft a robust legislative framework for people to seek redress in courts, which acknowledges the distress or harm inflicted as a result of criminal incidents arising from prejudice or hatred.
She added: “We are also encouraged by the minister’s comment that such legislation would be ‘tailored to meet the needs of our community’, alongside the distinct right to freedom of speech, thus building a society which is tolerant, accepting and respectful, ensuring that every Islander, regardless of their protected characteristics, has the right to live free from hostility, verbal and physical abuse based on who they are.”
