Police to enforce new hate laws with spy video

Police officers armed with spy cameras and recording equipment will capture bigoted abuse at Old Firm games as they enforce a new law that will see sectarian fans jailed for up to five years.

Strathclyde Police will use the latest surveillance technology to identify supporters who spread religious hatred as part of a new strategy to crack down on offensive behaviour.

Officers will use the information recorded on their equipment to arrest fans after the final whistle, as they enforce a controversial anti-sectarianism law that is to be rushed through Holyrood before the start of next season.

Yesterday, Alex Salmond's government introduced its bill in the Scottish Parliament, and the legislation is expected to be passed before MSPs rise for the summer recess in two weeks.

The bill, which outlaws religious, racial and homophobic hatred at football matches, and sectarian postings on the internet, was published amid concerns it could be challenged in the courts because it is being forced through too quickly.

It was also criticised by a Scottish human rights group, which said the proposals were "extreme and illiberal".

Community safety minister Roseanna Cunningham said: "Racism, bigotry and sectarianism are not welcome in Scotland. It is totally unacceptable and those who perpetuate this hatred will be punished through the full force of the law. From the start of the new season, anyone who peddles sectarian hatred in any football stadium in Scotland, on the way to or from a game, or hiding behind a computer screen could now face up to five years in jail."

She added: "The events of last season were unprecedented and they need to be met with an unprecedented response."

Some of last season's Old Firm games were overshadowed by the ugly behaviour of supporters, and Scotland's sectarian problem plumbed new depths when parcel bombs were sent to Celtic manager Neil Lennon, his lawyer Paul McBride QC and former MSP Trish Godman.

The proposed legislation has shied away from producing a list of proscribed songs and chants. The law will instead create two new offences - "offensive behaviour" and "threatening communications".

Determining whether a football fan has been offensive will come down to whether the he or she is judged to have indulged in behaviour likely to lead to public disorder. Much will depend on the context of their actions.

Offensive behaviour covers not only football matches but also fans travelling to and from a game and supporters gathering to watch a match on a big screen or at a pub.

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It will also cover supporters travelling abroad for European fixtures or Scotland matches.

Penalties will range from a 40 fixed penalty to a five year prison sentence or unlimited fine. The same penalties apply to "threatening communications", which cover threats of serious harm intended to cause fear and alarm. It includes "implied threats", such as sending bullets through the post and posting offensive material on the internet. The law-makers say that the offence will not interfere with freedom of speech on religious matters, stop preaching or proselytising, or criminalise religious jokes and satire.

Campbell Corrigan, assistant chief constable of Strathclyde Police, said the force's "new approach" would involve "close-up recording and monitoring of people singing" by "high visibility" officers with either body-worn cameras or traditional recording equipment. The strategy has been devised to combat the problem of how to prevent thousands of supporters from singing offensive songs. Simply arresting offenders during a match would create even more disruption and probably inflame an already incendiary atmosphere.

"If we're talking about a whole stand singing, we will use CCTV, season ticket information, identifications when people are leaving the ground, and normal post-match investigation techniques to find who they are if they don't hold a season ticket," Mr Corrigan said.

"The notion we're going to run into the crowd and destabilise it is not going to happen, but it would be absolutely wrong for someone to think they won't be identified because they're part of a 10,000-strong crowd."

A similar approach was piloted at the most recent Old Firm match.

Mr Corrigan said: "This is very much going to be a preventative measure, and I'm hoping that, by having officers in bright, fluorescent clothing, perhaps holding a camera, individuals will be deterred from singing. That's what I want. I don't want to arrest them, I want them to stop singing."

He said his officers would enforce the law, but making arrests would be a "last resort" option..

"You do not solve a problem like this by arresting your way through it," he said. "We should be doing everything we possibly can to eliminate the problem itself, not just relying on police officers and the courts to, hopefully, make it go away."

But the police's approach was attacked by civil liberties campaigners. Stuart Waiton, a criminology lecturer at Abertay University in Dundee and the co-founder of free-speech campaign group Take a Liberty Scotland, said: "I am deeply concerned about this new police strategy.

"It is an encroachment of the ‘Big Brother' society. Football matches have traditionally been an environment where working-class people can relax and let off steam."

There were also concerns from legal experts who believe the legislation will suffer from a lack of parliamentary scrutiny, because of the SNP's desire to pass it before the Holyrood recess begins.

The Law Society of Scotland suggested the lack of examination could see the legislation challenged. Bill McVicar, convener of its criminal law committee, said: "We understand the importance of tackling sectarianism. However, it is because of the importance of this issue that the Scottish Government needs to allow adequate time to ensure the legislation can be properly scrutinised. Without this consultation, there is the risk the legislation could be passed which either does not meet its objective or is inconsistent with existing law, making it unworkable. It could also result in legislation that is open to successful challenge."

Opposition politicians have also expressed anxiety about the speed of the legislation, as has the SNP's Christine Grahame, who chairs the justice committee that will look at the bill.

Ms Grahame suggested a "sunset clause" should be introduced that would allow the bill to be stopped if it proved counter-productive. She said: "The legislation would run for a period of time and then it would automatically fall unless the government did something to keep it going. So, I think that's probably what I want to see. We don't want it to run for ever. We want to see if it works."

What will be outlawed

THE Offensive Behaviour at Football and Threatening Communications (Scotland) Bill will create two new offences: offensive behaviour and threatening communications.

Offensive behaviour will deal with sectarian, homophobic, racist and other offensive chanting and threatening behaviour that is likely to lead to public disorder.

The sort of activity it is designed to clamp down on is defined as "threatening behaviour which would be offensive to any reasonable person".

It covers conduct at and on the way to or from a "regulated" football match, which includes league, European and international matches, plus friendlies involving clubs and the national team.

Football banning orders (FBOs) are among the penalties that can be imposed by a judge or sheriff. There is the potential for a FBO to be imposed in every case.

The new offence also covers anywhere that a match is being broadcast in a public place, and travel to and from such places. According to the Scottish Government it "covers a wide range of behaviours with appropriate penalties up to a maximum of five years in prison and an unlimited fine".

Five years in jail and an unlimited fine is also the maximum sentence for threatening communications, the second offence.

This is intended to deal with threats of serious harm and threats that incite religious hatred. It covers offensive postings on the internet, "photo-shopped" offensive images and images on clothing.

It includes "implied threats", which covers the posting of bullets and images depicting serious harm.

There is a defence that the behaviour was "reasonable" in the particular situation.

This defence has been designed to exclude artistic performance.

The Scottish Government is adamant the offence will not stop peaceful preaching or proselytising (the process of converting someone to a religion). It also says it will not restrict freedom of speech, including the right to criticise or comment on religion or non-religious beliefs. Nor will it criminalise jokes or satire about religion or non-religious belief.

How sentences compare

19 months Typical sentence handed down for robbery in a sheriff court

70 days Typical sentence handed down for a breach of the peace

19 months Typical sentence handed down for housebreaking

23 months Typical sentence handed down for indecency crime

13 months Typical sentence handed down for common assault

5 years Maximum sentence sheriffs will be able to impose for sectarian offences

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