Record Increase in Hate Crime Charges in Scotland
The number of hate crime charges in Scotland has reached its highest level in two decades, according to new data.
In the year 2025-26, a total of 7,115 charges involving at least one element of hate crime were recorded. This figure represents a 17% increase compared to the previous year and is the highest since records began in 2003-04.
This rise follows the introduction of new hate crime legislation in 2024, which has been subject to public debate and scrutiny.
Breakdown of Hate Crime Charges
Data published by the Crown Office reveals that racial hate crimes remain the most frequently reported category. In 2025-26, there were 3,990 charges related to racial crime, marking a 17% increase from the prior year and reaching an 11-year peak.
Sexual orientation aggravated crimes constitute the second most common type of hate crime. Charges in this category totaled 2,062 in 2025-26, reflecting a 20% rise compared with 2024-25.
Additionally, disability aggravated charges increased by 25% to 1,370 over the same period.
New Hate Crime Legislation and Its Impact
The 2024 legislation introduced a new offence of "stirring up hatred" based on protected characteristics including age, disability, religion, sexual orientation, transgender identity, or intersex status. The maximum penalty for this offence is a prison sentence of up to seven years.
A person is deemed to commit this offence if they communicate material or behave in a manner that a reasonable person would consider threatening or abusive, with the intention of inciting hatred related to these protected characteristics.
The law has been controversial, attracting criticism from figures such as author J.K. Rowling. Upon its introduction, Police Scotland received a significant number of complaints concerning online posts.
Prosecution Rates and Official Responses
Lord Advocate Ruth Charteris KC highlighted that 94% of hate crime charges led to prosecutorial action in the previous year.
"An increase in reports of crime motivated by racial, sexual orientation and disability aggravated hatred should concern us all.
Everyone who lives in Scotland is entitled to feel safe and every hate crime represents a decision to target a person because of who they are.
I want to reach out to communities across Scotland and say that prosecutors are here to ensure that every report of a crime motivated by hate will be carefully considered and brought before the court where appropriate."
Kirsten Oswald, the Minister for Victims and Community Safety, commented on the figures, stating:
"Recent events have highlighted increased levels of intimidation, and we know the impact this has had on communities who may already be feeling vulnerable.
These latest figures show that hate crime remains a serious issue in Scotland and this government stands firmly against any form of hatred, prejudice or intolerance and the rhetoric which underpins it.
While it is essential that people feel empowered to report incidents of hate crime – and this increase may partly reflect improved reporting and awareness – each case represents real harm to individuals and communities."
- What is Scotland’s Hate Crime law and how does it work?
- Hate crime law: Force for good or recipe for disaster?
- JK Rowling in ‘arrest me’ challenge over hate crime law
