Appendix 1
Them and Us
Health and Wellbeing
Experiences and Outcomes.
I AM AWARE of and able to express my feelings and am
developing this ability to talk about them.
I KNOW THAT we all experience a variety of thoughts
and emotions that affect how we feel and behave and I
am learning ways of managing them.
I UNDERSTAND that my feelings and reactions can
change depending upon what is happening within
and around me. This helps me to understand my own
behaviour and the way others behave.
I SHOW respect for the rights of others.
I CONTRIBUTE to making my community one which
values individuals equally and is a welcoming place for
all.Through contributing my views, time and talents,
I play a part in bringing about positive change in my
community.
I KNOW that friendship, caring, sharing, fairness, equality
and love are important in building positive relationships.
AS I DEVELOP and value relationships, I care and show
respect for myself and others.
2
Introduction
Them and Us
Introduction
Sectarianism has been described as “Scotland’s Secret Shame,” although many would
argue it is hardly a secret.
Sadly in Scotland, sectarianism always seems to be there; sometimes hovering
malignantly in the background, sometimes horrifically in the forefront. In 2012, two
men were convicted of conspiracy to assault when they sent parcel bombs to Neil
Lennon, the Celtic Manager, Trish Godman, MSP and Paul McBride a prominent lawyer
simply because they were seen as being “them.”
The purpose of this unit is to question negative attitudes about “them”, whoever they
may be, so that we can all live in a modern Scotland characterised by equality and
mutual respect….. and where “Them and Us” has been replaced by “All of Us.”
3
Introduction
Them and Us
Film
4
Lesson
Section
1: Where
1 does it come from?
Them and Us
1
Where does it come
from?
Read: Discuss introduction
Watch: Film
Task: Fill in at least 3 ideas for where sectarianism comes from (pair/group)
Research: Use the websites NilByMouth (www.nilbymouth.org) and AOS
(www.actiononsectarianism.org) to explore/find other ideas for where
sectarianism comes from.
Discussion: Based on filled in Where Does it Come From? Sheets form pairs/groups
Possible answers: Parents, passed on from generation to generation, football,
the media, history, friends, peer pressure, Irish Immigration, need for identity.
Resources Required:
ƒƒ Film – Them and us.
ƒƒ Resource Sheet – Where Does it Come
From?
ƒƒ Spider Diagram/Mind MapA3
ƒƒ Access to Computers/IPads
N.B: Before the task begins, the teacher should discuss Establishing Boundaries:
what is acceptable in terms of language etc. What terms might offend and as a
result what we agree what we can/cannot say in class as part of this task.
6
Lesson
Section
2: Whose
2 side are you on?
Them and Us
2
Whose Side Are You On?
Discussion:
ƒƒ Is Jack a Catholic or a Protestant?
ƒƒ Does it Matter?
ƒƒ What does this tell us about Them and us attitudes?
Watch:
ƒƒ What he Did?
ƒƒ What we think he should have done. Fill in resource sheet
(pair/group)
Discussion:
Resources Required
ƒƒ Film – Them and Us.
ƒƒ Resource Sheet – What Jack Did/What I
think Jack Should Have Done.
Fill in at least 3 ideas for where sectarianism comes from (pair/
group)
7
Lesson 2: Whose side are you on?
What Jack Did
At key stages in the story Jack takes
certain actions. The purpose of this task
is to make you think about why Jack took
those actions and what you think he
should have done.
Them and Us
Point of Story
What He Did Influences
Consequences
What We Think might have
been a Better Outcome
Meeting “that lot from the
other school”
Being put under pressure
by Steph to “do something”
In the Young Offenders
Institute.
8
Lesson 3: Sectarianism, hate, crime and the law
Them and Us
3
Sectarianism, Hate Crime
and the Law
Task: In your groups discuss and decide suitable penalties/
punishments for each of the real life situations described in
your resource sheet. Resources Required (Resource Sheets)
Class Discussion: Based on filled in scenario grids. See
Sentences Resource Sheet for actual sentences issued.
Resources Required
ƒƒ Film – Them and Us.
ƒƒ Resource Sheet – What Jack Did/What I
think Jack Should Have Done.
9
Lesson 3: Sectarianism, hate, crime and the law
Them and Us
“Scotland is a tolerant, friendly and inclusive society. Unfortunately we
sometimes have to deal with tragedies caused by prejudice and bigotry
within our communities. We are well aware of the impact this has on
individual victims, their families and the fears and concerns it raises
in the wider community. This is why we need to do all that we can to
eradicate prejudice and bigotry from our society.”
Frank Mulholland QC, Lord Advocate
Crimes which are judged to be “aggravated by prejudice” can carry
stiffer penalties in Scotland.
Sentences available to judges include:
ƒƒ
ƒƒ
ƒƒ
ƒƒ
Community service or payback (doing unpaid work in the community).
Fines.
Prison Sentences.
Football Banning Orders (banned from attending football matches).
10
Lesson 3: Sectarianism, hate, crime and the law
Them and Us
Offences Aggravated by Prejudice Scenarios Sentences
Scenario
Agreed Consequences
Actual Consequences
Prosecution of Offender 1 and Offender 2
(Glasgow)
Conspiracy to assault Neil Lennon Celtic
Manager, former MSP Trish Godman and the
late Paul McBride QC.
Sent devices they believed were capable
of exploding and causing injury due to
the intended recipient’s links with Celtic
Football Club.
Prosecution of Offender A and Offender B
Admitted with a contravention of the
Offensive Behaviour at Football and
Threatening Communications (Scotland) Act
2012 Section 1(1)
After a Scottish Cup football match between
Ayr United and Hibernian Football Club at
Somerset Park Ayr. On a train from Ayr to
Glasgow Central service. Both accused sang/
chanted football songs which included
sectarian, racial and offensive songs.
11
Lesson 3: Sectarianism, hate, crime and the law
Suggested Further Activities
Them and Us
Hot seating:
Role play a character from the film and answer questions from your audience about
why you did what you did and how you feel about it now.
Class Debate:
This house believes that Sectarianism is not a problem in our community.
Personal Reflective Essay:
Sectarianism and Me.
Discursive Essay:
Is Sectarianism Scotland’s Shame?
Poster Campaign:
Create a poster campaign throughout the school advocating a Zero Tolerance
approach to sectarianism or; indeed, any form of prejudice in the school community.
12
Lesson 3: Sectarianism, hate, crime and the law
Them and Us
Quotations
“We are just shouting abuse at
some of that lot from the other
school, as ye do. Half the time you
don’t even mean it, but you do it
anyway.”
Jack
“At least she isn’t one of them.
Never marry one of that lot, son.
Always stick to your own religion.”
Jack’s dad
“They’re not any different from
us. We’re all the same. We’re all
neighbours.”
Jack
“We’re aw Jock Tamson’s bairns.”
Robert Burns
“Never judge anyone until you’ve
got inside their skin and walked
around it for a while.”
Atticus Finch, from the novel
To Kill a Mocking Bird by Harper
Lee
“There is much more that binds us together than separates us.”
Elaine C. Smith,
Scottish Actor
“One Scotland, many cultures.”
Scottish Government campaign,
slogan
“It’s coming yet for a that, That
Man tae Man the world o’er Shall
brothers be for a that.”
Old Scots saying
“I’ve had a sickness or a
blindness, that’s passed on
down from my dad, and from
his dad. But now I can see.
I’m no sick anymore and if
I have kids they won’t make
the same mistakes I did.”
Jack
13
Lesson 4: Self-Evaluation
4
Self-Evaluation
Them and Us
Write down anything you have done/taken
part in that shows you are the kind of
person described in these experiences and
outcomes.
Write down ideas for things you could
do/take part in to help fight against
sectarianism in your community. (Perhaps
other pupils or staff could help you with
some of these ideas).
Look again at the sheet, Health and
Wellbeing Experiences and Outcomes.
How well do these experiences and
outcomes describe you?
14
Lesson 5: Further Reading/ Viewing/ List of contacts
Them and Us
5
Further Reading/
Viewing/ List of Contacts
Fiction
Across the Barricades – Joan Lingard
Divided City – Theresa Breslin
Its Colours They Are Fine – Alan Spence
Pack Men – Alan Bissett
DVD
Just Another Saturday – BBC
Contacts (Anti-Sectarian Campaigns)
Nil By Mouth – www.nilbymouth.org
Resources Required
ƒƒ Resource Sheet – Family Tree
ƒƒ Course Booklet
ƒƒ For discussion: Scotland’s Story (The
Proclaimers. Although more specifically
to racism, it may facilitate further
dialogue.)
Sense Over Sectarianism – www.glasgow.gov.uk
15
Lesson 5: Further Reading/ Viewing/ List of contacts
Them and Us
Scotland’s Story/My Story Song
By Craig and Charlie Reid
Michael McGrory from west Donegal
You came to Glasgow with nothing at all
You fought the landlord then the Africa Korps
When you came to Glasgow with nothing at all
In Scotland’s story I’m told that they came
The Gael and the Pict, the Angle and Dane
But where’s all the Chinese and Indian names?
They’re in my land’s story and they’re all worth the same
Abraham Caplan from Vilnius you came
You were heading for New York but Leith’s where you’ve stayed
You built a great business which benefits all
Since you came to this land with nothing at all
Christina McKay, I learned of your name
How you traveled south from Delny one day
You raised a whole family in one room they say
And the X on the line stands in place of your name
In Scotland’s story I read that they came
The Gael and the Pict, the Angle and Dane
But so did the Irishman, Jew and Ukraine
They’re all Scotland’s story and they’re all worth the same
So in the old story I’ll bet that I came
From Gael and Pict and Angle and Dane
And a poor migrant girl who could not write her name
It’s a common old story but it’s mine just the same
Joseph D’Angelo dreams of the days
When Italian kids in the Grassmarket played
We burned out his shop when the boys went to war
But auld Joe’s a big man and he forgave all
All through the story the immigrants came
The Gael and the Pict, the Angle and Dane
From Pakistan, England and from the Ukraine
We’re all Scotland’s story and we’re all worth the same
Your Scotland’s story is worth just the same
16
Lesson 1: Sectarianism. Where does it come from
Them and Us
1
Sectarianism - Where does it come from?
What is sectarianism?: Sectarianism is when two groups living within close proximity
come into conflict with each other. In Scotland, sectarianism is most often related
to Protestant and Roman Catholics divisions within Christianity and the bigotry that
manifest itself through abusive actions and words.
Task 1:
Working in pairs,
study each picture.
Write down what
the picture shows
and decide if
it represents
Catholics or
Protestants.
Learning Intentions:
ƒƒ Explain the roots of sectarianism
in Scotland
18
Lesson 1: Sectarianism. Where does it come from
Sectarianism in Scotland stems from the
movement of many Irish Catholics to
Scotland as a result of the potato famine.
The Irish people moved into areas of
poverty in Scotland because it was the
cheapest place for accommodation.
These areas, like the East End of Glasgow
also had lots of manual labour jobs in
heavy industry that the Irish immigrants
could take up. The Irish population was
so heavily concentrated in certain areas,
that some places were dubbed ‘Little
Ireland’.
Sectarianism became an issue in
Scotland, when competition for jobs
arose between the Catholic immigrants
and the native Protestants. These
tensions caused divisions within
communities. The hatred between the
two groups or the two ‘sects’ grew and
grew.
In most recent times, sport has become
heavily associated with sectarianism
in Scotland. In 1872 Rangers football
Them and Us
club was founded and became
associated with Protestants. In 1888,
Celtic football club was founded and
became associated with Catholics. Over
100 years later, football is deemed the
main cause of sectarianism in Scotland.
(Question- Do you think this is the case?
We will explore this in greater depth
later.) This is assumed to be the case
because of fierce competition between
the two clubs. Sectarian violence often
peaks at ‘Old Firm’ matches. This is when
Celtic and Rangers play against each
other. Social media is another way in
which fans express opinions, which are
sometimes ‘inflamatory.’
Many people have strong cultural links
to their football team. These links, and
often hatred of the opposite football
team, has been passed down from
generation to generation in families. By
passing down the hatred, rather than
celebrating the competitive spirit, this
is seen to fuel sectarianism in Scottish
society.
19
Lesson 1: Sectarianism. Where does it come from
Them and Us
Irish inmigrants
(catholics) move in and
form a community
Task 2: SectarianismA vicious cycle
Study the information above. As a
group, use key facts to complete the
diagram below about the vicious cycle of
sectarianism. Place 1 sentence in each box.
20
Lesson 1: Sectarianism. Where does it come from
Them and Us
Task 3:
One Stray, the Rest Stay
One person whose first name is closest
to the beginning of the alphabet should
stray. They should move clockwise, to
another group, and share/ compare their
answer with another group. They can
make any amendments, if they wish.
Those who stay should listen to the
answer of the person who has strayed to
their group.
Causes of Sectarianism
in Scotland
Task 4:
In your jotter, create a mind map of
where sectarianism comes from. Try to
add in as much detail as possible. You
can give any recent examples.
21
Lesson 2: Sectarianism. Whose side are you on?
Them and Us
2
Sectarianism - Whose Side Are You On?
Task 1: Watch the video ‘Them and Us’
As you watch this video clip, take notes on what we find out about
each character. Having watched the video ‘Them and Us ’ think about
Jack’s role in sectarianism.
Jack
Steph
Learning Intentions:
ƒƒ Identify the correct decision
to make during a conflict over
sectarian remarks.
Jack’s Dad
22
Lesson 2: Sectarianism. Whose side are you on?
Them and Us
What did
Jack do?
Task 2: In pairs, complete the
table about:
What
should Jack
have done?
What would
you have
done?
23
Lesson 2: Sectarianism. Whose side are you on?
Them and Us
Task 3: Freeze Frame
There are two main points in Jack’s story where he made the wrong
decision.
ƒƒ ‘meeting that lot from the other school’
ƒƒ Being put under pressure from Steph ‘to do something’
Work in pairs to act out a freeze frame. Rather than Jack making the
wrong decision, you should portray Jack making the right decision.
One person should be the freeze frame. The other, should move
around the room viewing other freeze frames. Tap the ‘frozen person’
to find out about their story.
Homework TaskComplete for next PSHE lesson.
Research your family tree as far back as you can. You should aim to
have at least researched your great grandparents.
Find out what religion or what section of a religion each person
came from. We will use the notes you take to make a family tree, in
class.
Learning Intentions:
ƒƒ Identify the correct decision
to make during a conflict over
sectarian remarks.
24
Lesson 3: One Scotland, many cultures
Them and Us
3
One Scotland, Many Cultures
Due Homework: Take out the homework research task you were given for today.
Task 1: Family Tree
Create a family tree of your own family, listing the religion/culture of each family member.
This will allow you to see where your family comes from and what their beliefs are.
Family Tree: Success Criteria
Resources Required
ƒƒ All Must: Complete a family tree going as far back as your great grandparents
ƒƒ Most Should: Include abbreviations like ‘m’ for married, ‘c’ for children etc.
ƒƒ Some Could: Make it decorative and striking (make it a tree, clouds in the sky,
league table etc)
Identify the cultures within my own family
history
Task 2:
On the reverse of your family tree, write a description of your family. Try to include
names, dates and any special/unique family facts!
25
Lesson 3: One Scotland, many cultures
Them and Us
26
Lesson 4: Sectarianism, hate, crime and the law
Them and Us
4
Sectarianism, hate, crime
and the law
Sectarianism can be classed as a hate crime because you are acting
in an unacceptable way to someone/a group of people due to their
religious belief.
“Scotland is a tolerant, friendly and inclusive society.
Unfortunately we sometimes have to deal with tragedies
caused by prejudice and bigotry within our communities.
Resources Required
We are well aware of the impact this has on individual
ƒƒ Conduct an opinion poll on attitudes
about sectarianism and the law in my
class
ƒƒ Study actual sectarian crimes and
decide upon appropriate action
victims, their families and the fears and concerns it
raises in the wider community. This is why we need to do
all that we can to eradicate prejudice and bigotry from
our society.”
Frank Mullholland, QC.
27
Lesson 4: Sectarianism, hate, crime and the law
Public Perception of Sectarianism
Task 1:
Use the four questions in the opinion poll. Conduct your own opinion poll using the
questions above. Instructions are listed below:
1.
2.
3.
4.
5.
91
89
88
87
Write out the 4 questions above, with agree or disagree next to them.
Move around the room and place a tally next to agree or disagree
Ask at least 20 people
Turn your results into a graph like above
Ensure your graph has a heading, and the axes are labelled.
The Law and Sectarianism
86
There is the law ‘Offensive Behaviour at Football and Threatening Communications
(Scotland) Act 2012’ which can prosecute people as a result of sectarian issues. If
convicted under this act, you can receive the following sentences:
85
ƒƒ
ƒƒ
ƒƒ
ƒƒ
Community service or payback (doing unpaid work in the community).
Fines.
Prison Sentences.
Football Banning Orders (banned from attending football matches).
ar
ia
Se
ct
ar
ia
ni
o
sm
ffe nism
in i
ns i
Sc s u
iv s
e
ot na
tis cc
h ep
fo ta
ot b
Se
ba le
cr cta
ll
im ri
in an
al ism
Ac
of
pr tio
fe is
os n t
nc a
ec o
e
ut be
e ta
of k
fe en
nd t
er o
s
84
Se
ct
Percentage of people who agree
Sectarianism in Scotland Opinion Poll
Them and Us
28
Lesson 4: Sectarianism, hate, crime and the law
Task 2: Football Scenarios
Study each scenario. In groups of 3-4, decide:
1. What sentence from above they should
receive
2. Explain why you will give them this
sentence.
ƒƒ Think about seriousness, effect on victim,
effect on society, public perception, high
or low profile issue, innocent bystanders
etc.
3. Also, write down the consequence of the
incident
Them and Us
Scenario 1:
Conspiracy to assault Neil Lennon Celtic Manager, former MSP Trish Godman and the
late Paul McBride QC.
Sent devices they believed were capable of exploding and causing injury due to the
intended recipient’s links with Celtic Football Club.
What sentence would
you give?
Why would you give
this sentence?
What are the
consequences of this
incident?
29
Lesson 4: Sectarianism, hate, crime and the law
Task 2: Football Scenarios
Them and Us
Task 2: Football-Related Scenarios
Admitted with a contravention of the Offensive Behaviour at Football and Threatening
Communications (Scotland) Act 2012 Section 1
After a Scottish Cup football match between Ayr United and Hibernian Football Club at
Somerset Park Ayr, on a train from Ayr to Glasgow Central Station, both accused sang/
chanted football songs which included sectarian, racist and offensive lyrics.
What sentence would
you give?
Why would you give
this sentence?
What are the
consequences of this
incident?
30
Lesson 4: Sectarianism, hate, crime and the law
Them and Us
Task 2: Fingers of Sectarianism
Draw around your hand on a blank piece of paper:
In the palm, write down SECTARIANISM
In each finger write down:
ƒƒ
ƒƒ
ƒƒ
ƒƒ
ƒƒ
One thing new you have learned
A law used to tackle sectarianism
One change you may make in your life
How you feel towards Jack (boy in the video)
Your opinion on sectarianism
31
Lesson 5: Self-Evaluation
Them and Us
5
Self-Evaluation
Think about everything we have learned about Sectarianism in our local area.
Discuss it in groups- looking through the booklet may help to jog your memory.
Task1: Complete the following activity.
Write down anything you have done/
taken part in that shows how easy it is
to get caught up in these experiences
and outcomes.
Write down ideas for things you could
do/take part in to help fight against
sectarianism in your community.
(Perhaps other pupils or staff could
help you with some of these ideas).
Resources Required
32
Appendix 1
Them and Us
Hate crime
Hate crime is any crime that is committed because the offender
thinks that the victim is of a particular race, religion, sexual
orientation, transgender identity or is disabled, whether that is
true or not.
Any crime which is aggravated by prejudice is serious because it
was:
ƒƒ committed due to the belief the victim was of a particular
race, religion, sexual orientation, transgender identity or had
a disability
ƒƒ or, accompanied or motivated by prejudice relating to
race, religion, disability, sexual orientation or transgender
identity.”
34
Appendix 1
Them and Us
Why do we need to act on hate crime?
Hate crime is different to other forms of
crime:
Hate crime can take many forms
including:
ƒƒ hate crime targets people because of their
identity. It is a form of discrimination that
infringes human rights and keeps people
from enjoying the full benefits of our
society
ƒƒ research has shown that hate crimes
cause greater psychological harm than
similar crimes without a motivation of
prejudice
ƒƒ hate crime creates fear in victims,
groups and communities and encourages
communities to turn on each other
ƒƒ physical attacks such as physical
assault, damage to property, offensive
graffiti and fireraising
ƒƒ threat of attack including offensive
letters, abusive or obscene telephone
calls, groups hanging around to
intimidate, and unfounded, malicious
complaints
ƒƒ verbal abuse, insults or harassment
- taunting, offensive leaflets and
posters, abusive gestures, dumping
of rubbish outside homes or through
letterboxes and bullying at school or
in the workplace.
The law in relation to hate crime
The fact that hate crimes are committed
because the offender thinks that the
victim is of a particular race, religion,
disability, sexual orientation or
transgender identity makes this an
aggravating factor to original offences.
In law an aggravating factor is any
fact or circumstance that increases the
severity or culpability of a criminal act
and is used to increase the sentence
imposed on an accused if they are found
guilty of a crime. Any crime from breach
of the peace through to murder can
be aggravated by prejudice in relation
to race, religion, disability, sexual
orientation and transgender identity
and we shall look at the different
characteristics separately.
35
Appendix 1
Racial Prejudice
Them and Us
An aggravation of prejudice relating to race which can be added to any charge if:
ƒƒ immediately before, during or immediately after carrying out​
ƒƒthe course of conduct or action the offender evinces towards the victim (if any) of
the offence, malice and ill will based on that person’s membership (or presumed
membership) of a racial group;
ƒƒor, the course of conduct or action is motivated (wholly or partly) by malice and ill
will towards members of a racial group based on their membership of that group.
‘Membership’ in relation to a group includes association with members of that group;
and ‘racial group’ means a group of persons defined by reference to their:
ƒƒ race,
ƒƒ colour,
ƒƒ nationality (including citizenship)
ƒƒ or ethnic/national origins
Whilst every case will depend on its own facts, words such as ‘African’, ‘immigrant’ and
‘bloody foreigners’ have all been enough to convict for an offence racially aggravated.
36
Appendix 1
Religious Prejudice
Them and Us
An aggravation of prejudice relating to religion can be added to any charge if:
ƒƒ at the time of committing the offence or immediately before or after doing so, the
offender evinces towards the victim (if any) of the offence, malice and ill-will based
on the victim’s membership (or presumed membership) of a religious group, or of a
social or cultural group with a perceived religious affiliation; or
ƒƒ the offence is motivated (wholly or partly) by malice and ill-will towards members
of a religious group, or of a social or cultural group with a perceived religious
affiliation, based on their membership of that group.
‘Membership’ in relation to a group includes association with members of that group;
and ‘religious group’ means a group of persons defined by reference to their –
ƒƒ religious belief or lack of religious belief
ƒƒ membership of or adherence to a church or religious organization;
ƒƒ support for the culture and traditions of a church or religious organization; or
ƒƒ participation in activities associated with such a culture or such traditions.
This aggravation would cover “sectarian” behaviour, and the use of the terms ‘fenian’
and ‘proddy’ during the commission of a crime could both been deemed to displaying
religious prejudice Whilst the majority of these offences in Scotland are related to
Christian sectarianism the legislation covers offences aggravated by religious prejudice
towards any of the world’s major or minor religious groups or of groups which are
perceived to have some form of religious affiliation.
37
Appendix 1
Prejudice Relating to Sexual
Orientation or Transgender
Identity
Them and Us
An aggravation of prejudice relating to sexual orientation or transgender identity can
be added to any charge if:
ƒƒ at the time of committing the offence or immediately before or after doing so,
the offender evinces towards the victim (if any) of the offence malice and ill-will
relating to the sexual orientation (or presumed sexual orientation) of the victim, or
the transgender identity (or presumed transgender identity) of the victim, or
ƒƒ the offence is motivated (wholly or partly) by malice and ill-will towards persons
who have a particular sexual orientation, or a transgender identity or a particular
transgender identity.
This means that the aggravation can be applied even in cases where the malice or
ill-will is expressed towards a wider group as a whole, without the need for a specific
or individual victim to have been identified – for example, where an incident occurs
outside a known gay venue then it may be that this is motivated by prejudice relating
to sexual orientation. Similarly the use of terms like ‘poofs’, ‘dykes’, ‘freak’ or ‘tranny’
during the course of an offence has been found to prove that the offence is aggravated
by prejudice in relation to sexual orientation and transgender identity respectively.
If any criminal offence is motivated by, or accompanied by an expression of, malice and
ill-will on the grounds of prejudice of any kind, then that factor must be taken into
account by the judge when sentence is being considered.
38
Appendix 1
Them and Us
What happens when someone is accused of a crime
aggravated by prejudice?
These crimes are taken very seriously by the police, the procurator fiscal and the courts.
Usually, a charge against the accused will include wording to reflect that the offence
has been aggravated by prejudice. The fiscal will prosecute if there is enough evidence
and if they think that it is in the public interest to do so. Public interest means that
the fiscal will look at the case from all angles – from the point of view of the wider
community as well as of the victim and the accused. It includes a number of factors
– for example, the nature and seriousness of the offence, its impact on the victim and
other witnesses, and the wider circumstances of what happened and who was involved.
In all such cases, there is a strong presumption that the public interest should be in
favour of prosecution where evidence of prejudice exists - in the Sheriff Court or above.
The attention of the court will be brought to evidence of the aggravation by prejudice
at all relevant stages of the prosecution.
Where someone is convicted of an offence aggravated by prejudice, not only will
they be sentenced – which could involve imprisonment - this will show up as such on
previous convictions and in any disclosure check.
If this person applies for a job, their prospective employer will be in absolutely no
doubt as to the nature of that offence. Given that all main employers have a diverse
work force; it is unlikely that anyone with such a conviction will be given a job. In
the event of this person attempting to live or work abroad, this criminal record will
be checked and it is unlikely they will be allowed to work or live in that country. The
commission of that offence will have an effect on their life forever.
39
Appendix 2
Them and Us
Law in relation to Them
and Us
What crimes are committed in the film?
40
Appendix 2
Them and Us
Assault
All the girls involved in the incident with Steph could be prosecuted for assault,
irrespective of the individual part they played in the offence due to the legal concept
called ‘acting in concert’. This means that where one person engages in conduct which
constitutes an offence, then another is criminally liable for such conduct when, acting
with the state of mind required for the commission of that offence, he or she solicits,
requests, commands, importunes, or intentionally aids such person to engage in such
conduct.
Further, if it is established that the motive for the offence is the religion of the victim
then this would be aggravated by religious prejudice and must be taken into account
by the judge when sentence is being considered. There is a presumption that this
would be prosecuted in the Sheriff Court where the maximum sentence is 12 months
imprisonment or a fine of up to £10,000.
41
Appendix 2
Them and Us
Fireraising
In the main incident on the DVD, Jack could be prosecuted for various offences
depending on the outcome of the fire. If no-one was in the house then he would be
charged with wilful fireraising which would be prosecuted in the Sheriff and Jury Court
where the maximum sentence is 5 years imprisonment or an unlimited fine.
If someone in the house was killed due to the fire then Jack would be prosecuted for
murder even if it was not his intention to kill anyone. Murder is normally defined as:
‘Any wilful act causing the destruction of life, whether intended to kill or displaying
such wicked recklessness as to imply a disposition depraved enough to be regardless
of consequences.’
Setting fire to a house without knowing or checking there was anyone inside would
display such wicked recklessness as fire raising in such circumstances gives rise to a
virtual certainty that harm will be caused, which is evidence of intention to harm, plus
there is indifference to the safety of anyone who may be in the house.
As in the case of the assault, if it is established that the motive for the offence is the
religion of the victim then this would be aggravated by religious prejudice, which must
be taken into account by the judge when sentence is being considered. All murder
cases must be prosecuted in the High Court where the maximum sentence is life
imprisonment or an unlimited fine.
42
Appendix 2
Them and Us
Internet/Communication offences
It is important to remember that texts and internet postings are not anonymous. The
police have the capability to trace the origin of these posts and there are two offences
which deal specifically with crimes of this nature.
Communications Act 2003 Section 127(1) (a)
Sending by means of a public electronic communications network (which includes
land line telephones, mobile telephones and e-mail) a message or other matter that is
grossly offensive or of an indecent, obscene or menacing character.
Maximum sentence 1 year imprisonment or £10,000 fine.
Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012
section 6. The offence of communicating material to at least one other person which
contains threats of serious harm intended to cause fear and alarm, or is reckless as to
whether it causes fear and alarm or communicating threats intended to incite religious
hatred.
Maximum sentence 5 years imprisonment or unlimited fine.
43
Appendix 3
Them and Us
Neil Lennon Bomb Plot
Muirhead and McKenzie jailed for Neil
Lennon parcel bomb plot
Sentence on both men was backdated
to May 2011.
Two men who sent suspect packages
to Celtic manager Neil Lennon and two
high-profile fans of the club have each
been jailed for five years.
Judge Lord Turnbull told the pair that
he understood they had a good working
history and family support.
Trevor Muirhead, 44, and Neil McKenzie,
42, from North Ayrshire, sent devices
they believed were capable of exploding
and causing injury.
The men were found guilty of
conspiracy to assault Mr Lennon, former
MSP Trish Godman and the late Paul
McBride QC.
44
Appendix 3
‘Criminal conduct’
He said: “It is incomprehensible that two
such family men in their forties would
engage in such reckless and serious
forms of criminal conduct.
“Even the sending of a parcel bomb as a
hoax would always be a serious offence
that would in itself be likely to end in a
custodial sentence.”
He told them: “It is immediately obvious
that we were not dealing with what
would properly be thought of as acts of
terrorism in any sense at all.”
Lord Turnbull said the evidence at the
trial “made it clear beyond any doubt
that the devices...could not have
exploded.”
He went on to say that was because
there was not enough “explosive
material” and “there was no form of
detonator or other method” to blow them
up.
The judge said: “It follows, therefore,
despite believing the devices were
capable of igniting and exploding
the evidence made it perfectly clear
they could not in fact do so, the intent
could not have been achieved, there
was no risk of injury to anyone beyond
accidental contact with the nails
present.”
“He jailed both Muirhead and McKenzie
Them and us
The men’s trial at the High Court in
Glasgow heard that the first parcel was
discovered on 4 March 2011 soon after a
much-publicised confrontation between
Mr Lennon and old Rangers FC manager
Ally McCoist at an Old Firm match.
Later that month it emerged that a
second parcel had been sent to the Celtic
manager at the club’s training ground in
Lennoxtown, East Dunbartonshire.
The brown padded envelope was
intercepted at the Royal Mail sorting
office in Kirkintilloch on 26 March last
year when a postman spotted a nail
protruding from it.
for five years and McKenzie for another
18 months on the charge one of sending
a hoax bomb, but ordered he serve it
concurrently.
45
Appendix 3
Them and Us
Building evacuated
It tested positive for peroxide, which can
be used to make explosives.
Two days later, on 28 March, a package
delivered to Ms Godman’s constituency
office in Bridge of Weir, Renfrewshire,
caused the evacuation of the building.
Jurors heard that liquid inside a plastic
bottle within the package had tested
positive for the explosive substance
triacetone triperoxide.
Before the incident, Ms Godman, who
was Labour MSP for West Renfrewshire,
had worn a Celtic top to the Scottish
Parliament as a “dare for charity” on the
final day before Holyrood was due to
dissolve, pending the elections.
On the same day as the package was
delivered to the former MSP, a package
destined for Cairde na hEireann (Friends
of Ireland) in Glasgow was in the postal
system.
A suspect package was also sent to
Neil Lennon, Trish Godman and the late Paul
McBride were all sent suspect packages
Cairde na hEireann (Friends of Ireland)
hold potentially explosive peroxide.
A postman had tried to deliver the
package to the republican organisation
at the Gallowgate on 28 March.
The following month, a Royal Mail
delivery driver found a suspicious
package addressed to Mr McBride at the
Advocates’ Library in Edinburgh, which
contained a bottle of petrol.
After failed attempts to do so then, and
on the following day, it was sent to Royal
Mail’s National Returns Centre in Belfast.
The package was X-rayed and found
to contain nails, a watch component, a
“bottle and a wire. It was also said to
It was collected from a postbox in
Kilwinning on 15 April last year. The
package was found to contain nails and
a wire.
46
Appendix 3
Them and Us
A-Team claim
Mr McBride was known to have
represented Mr Lennon and Celtic.
that charge was thrown out due to
insufficient evidence.
The trial heard that none of the devices
sent was viable but prosecutors argued
that both accused believed four of them
were capable of exploding or igniting.
Following a five-week trial, a jury of
11 women and four men found the
pair guilty by majority verdict of the
conspiracy to assault charge.
McKenzie told police he had learned how
to make a hoax bomb by watching the
1980s TV show The A-Team.
McKenzie was also found guilty of
dispatching an item on 3 March to Mr
Lennon at Celtic Park with the intention
of inducing him to believe it would
“explode or ignite”.
One package did not have enough
stamps, another smelt of petrol and a
third had a wire which fell out.
Police bugged their car and heard them
complain that they were not a couple of
“daft hillbillies”.
Muirhead was cleared of this charge
after the jury returned a not proven
verdict.
But the prosecution argued that
packages containing explosive
substances could not be regarded as
hoaxes.
Muirhead, from Kilwinning, and
McKenzie, from Saltcoats, both North
Ayrshire, were originally accused of
conspiring to murder their targets but
47
Appendix 3
Them and Us
Offences against Neil Lennon since 2000
ƒƒ University students Gregg Miller and
Neil MacLeod were fined a total of
£900 after Mr Lennon was attacked in
September 2003 in Glasgow’s westend.
ƒƒ Car salesman Thomas Ferrie was then
fined £500 in April 2004 for road rage
after chasing Mr Lennon along the
M8 and yelling abuse.
ƒƒ In January 2009, Rangers fans Jeffrey
Carrigan and David Whitelaw were
jailed for two years each after the
then Celtic coach was attacked in the
city’s Ashton Lane.
ƒƒ Stephen Birrell was locked up for
eight months last October for posting
comments on a Facebook page called
“Neil Lennon should be banned”.
ƒƒ Robert Rollie was spared jail that
month after he wrote threatening
ƒƒ
ƒƒ
ƒƒ
ƒƒ
messages about the Celtic boss on
another Facebook site.
David Craig was sentenced to 14
months in March this year after he
posted a picture online of Mr Lennon
covered in bullet wounds.
Hearts fan John Wilson was convicted
of a breach of the peace and jailed
for eight months for lunging at Mr
Lennon at Tynecastle last year.
Christopher Hay was charged in
March this year with threatening Mr
Lennon on a social networking site.
He made no plea when he appeared
at Glasgow Sheriff Court. No date was
set for a further hearing.
Trevor Muirhead and Neil McKenzie
jailed for five years for sending
devices they believed were capable of
exploding and causing injury.
48
Acnowledgements
Yvonne Donald, NilByMouth
Lorraine Glass, RespectMe
Ruth McQuaid, Procurator Fiscal
Summary
Carol McPherson, NLC Learning &
Leisure
Focus groups: teachers and pupils from
Bellshill Academy, St. Maurice’s High
School and Cumbernauld Academy.
The Learning Centre