Appendix 1

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 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.

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.

Them and Us

2

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 and where “Them and Us” has been replaced by “All of Us.”

Introduction

3

Them and Us

Introduction

Film

4

Them and Us

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.

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.

Resources Required:

� Film – Them and us. � Resource Sheet – Where Does it Come

From? � Spider Diagram/Mind MapA3 � Access to Computers/IPads

Section 1Lesson 1: Where does it come from?

1Them and Us

6

Resources Required

� Film – Them and Us. � Resource Sheet – What Jack Did/What I

think Jack Should Have Done.

Whose Side Are You On?

Discussion:

� Is Jack a Catholic or a Protestant? � Does it Matter? � What does this tell us about Them and us attitudes?

Watch:

� What he Did? � What we think he should have done. Fill in resource sheet

(pair/group)

Discussion:

Fill in at least 3 ideas for where sectarianism comes from (pair/group)

Section 2Lesson 2: Whose side are you on?

2Them and Us

7

What Jack DidAt 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.

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.

Lesson 2: Whose side are you on?

8

Them and Us

Sectarianism, Hate Crime and the LawTask: 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.

3

Resources Required

� Film – Them and Us. � Resource Sheet – What Jack Did/What I

think Jack Should Have Done.

Lesson 3: Sectarianism, hate, crime and the law Them and Us

9

“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:

� Community service or payback (doing unpaid work in the community). � Fines. � Prison Sentences. � Football Banning Orders (banned from attending football matches).

Lesson 3: Sectarianism, hate, crime and the law

10

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.

Lesson 3: Sectarianism, hate, crime and the law

11

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.

Suggested Further Activities

Lesson 3: Sectarianism, hate, crime and the law

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Them and Us

“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 reli-gion.”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

Quotations

“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

Lesson 3: Sectarianism, hate, crime and the law

13

Them and Us

Self-Evaluation

Look again at the sheet, Health and Wellbeing Experiences and Outcomes.

How well do these experiences and outcomes describe you?

4 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).

Lesson 4: Self-Evaluation Them and Us

14

Further Reading/Viewing/ List of Contacts

FictionAcross the Barricades – Joan Lingard

Divided City – Theresa Breslin

Its Colours They Are Fine – Alan Spence

Pack Men – Alan Bissett

DVDJust Another Saturday – BBC

Contacts (Anti-Sectarian Campaigns)

Nil By Mouth – www.nilbymouth.org

Sense Over Sectarianism – www.glasgow.gov.uk

5

Resources Required

� Resource Sheet – Family Tree � Course Booklet � For discussion: Scotland’s Story (The

Proclaimers. Although more specifically to racism, it may facilitate further dialogue.)

Lesson 5: Further Reading/ Viewing/ List of contacts Them and Us

15

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

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

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

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

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

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

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

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

Scotland’s Story/My Story SongBy Craig and Charlie Reid

Lesson 5: Further Reading/ Viewing/ List of contacts

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Them and Us

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.

1

Learning Intentions: � Explain the roots of sectarianism

in Scotland

Lesson 1: Sectarianism. Where does it come from Them and Us

18

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

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.

Lesson 1: Sectarianism. Where does it come from

19

Them and Us

Task 2: Sectarianism-A 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.

Irish inmigrants (catholics) move in and

form a community

Lesson 1: Sectarianism. Where does it come from

20

Them and Us

Task 3:One Stray, the Rest StayOne 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.

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.

Causes of Sectarianism

in Scotland

Lesson 1: Sectarianism. Where does it come from

21

Them and Us

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.

2

Learning Intentions: � Identify the correct decision

to make during a conflict over sectarian remarks.

Jack

Steph

Jack’s Dad

Lesson 2: Sectarianism. Whose side are you on? Them and Us

22

Task 2: In pairs, complete the table about:

What did Jack do?

What should Jack have done?

What would you have done?

Lesson 2: Sectarianism. Whose side are you on?

23

Them and Us

Task 3: Freeze FrameThere are two main points in Jack’s story where he made the wrong decision.

� ‘meeting that lot from the other school’ � 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 Task- Complete 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: � Identify the correct decision

to make during a conflict over sectarian remarks.

Lesson 2: Sectarianism. Whose side are you on?

24

Them and Us

Resources Required

Identify the cultures within my own family history

One Scotland, Many Cultures

Due Homework: Take out the homework research task you were given for today.

Task 1: Family TreeCreate 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

� All Must: Complete a family tree going as far back as your great grandparents � Most Should: Include abbreviations like ‘m’ for married, ‘c’ for children etc. � Some Could: Make it decorative and striking (make it a tree, clouds in the sky,

league table etc)

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!

3Lesson 3: One Scotland, many cultures Them and Us

25

Lesson 3: One Scotland, many cultures

26

Them and Us

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. 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 Mullholland, QC.

4

Resources Required

� Conduct an opinion poll on attitudes about sectarianism and the law in my class

� Study actual sectarian crimes and decide upon appropriate action

Lesson 4: Sectarianism, hate, crime and the law Them and Us

27

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. Write out the 4 questions above, with agree or disagree next to them.2. Move around the room and place a tally next to agree or disagree3. Ask at least 20 people4. Turn your results into a graph like above5. Ensure your graph has a heading, and the axes are labelled.

The Law and SectarianismThere 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:

� Community service or payback (doing unpaid work in the community). � Fines. � Prison Sentences. � Football Banning Orders (banned from attending football matches).

Sectarianism in Scotland Opinion Poll

91

89

88

87

86

85

84

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who

agr

eeLesson 4: Sectarianism, hate, crime and the law

28

Them and Us

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.

� 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

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?

Lesson 4: Sectarianism, hate, crime and the law

29

Them and Us

Task 2: Football-Related ScenariosAdmitted 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?

Task 2: Football Scenarios

Lesson 4: Sectarianism, hate, crime and the law

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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:

� 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

Lesson 4: Sectarianism, hate, crime and the law

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Them and Us

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.

5

Resources Required

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).

Lesson 5: Self-Evaluation Them and Us

32

Hate crimeHate 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:

� committed due to the belief the victim was of a particular race, religion, sexual orientation, transgender identity or had a disability

� or, accompanied or motivated by prejudice relating to race, religion, disability, sexual orientation or transgender identity.”

Appendix 1 Them and Us

34

Why do we need to act on hate crime?

Hate crime is different to other forms of crime:

� 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

� research has shown that hate crimes cause greater psychological harm than similar crimes without a motivation of prejudice

� hate crime creates fear in victims, groups and communities and encourages communities to turn on each other

Hate crime can take many forms including:

� physical attacks such as physical assault, damage to property, offensive graffiti and fireraising

� threat of attack including offensive letters, abusive or obscene telephone calls, groups hanging around to intimidate, and unfounded, malicious complaints

� 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.

Appendix 1

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Them and Us

An aggravation of prejudice relating to race which can be added to any charge if:

� immediately before, during or immediately after carrying out � the 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; � or, 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:

� race, � colour, � nationality (including citizenship) � 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.

Racial Prejudice

Appendix 1

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Them and Us

An aggravation of prejudice relating to religion can be added to any charge if:

� 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

� 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 –

� religious belief or lack of religious belief � membership of or adherence to a church or religious organization; � support for the culture and traditions of a church or religious organization; or � 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.

Religious Prejudice

Appendix 1

37

Them and Us

An aggravation of prejudice relating to sexual orientation or transgender identity can be added to any charge if:

� 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

� 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.

Prejudice Relating to Sexual Orientation or Transgender Identity

Appendix 1

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Them and Us

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.

What happens when someone is accused of a crime aggravated by prejudice?

Appendix 1

39

Them and Us

Law in relation to Them and Us

What crimes are committed in the film?

Appendix 2 Them and Us

40

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.

Appendix 2

41

Them and Us

Appendix 2

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.

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Them and Us

Appendix 2

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.

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Appendix 3

Neil Lennon Bomb Plot

Muirhead and McKenzie jailed for Neil Lennon parcel bomb plot

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.

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.

Sentence on both men was backdated to May 2011.

Judge Lord Turnbull told the pair that he understood they had a good working history and family support.

Them and Us

44

Them and us

45

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 for five years and McKenzie for another 18 months on the charge one of sending a hoax bomb, but ordered he serve it concurrently.

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.

Appendix 3

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

Cairde na hEireann (Friends of Ireland)

A postman had tried to deliver the package to the republican organisation at the Gallowgate on 28 March.

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

hold potentially explosive peroxide.

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.

It was collected from a postbox in Kilwinning on 15 April last year. The package was found to contain nails and a wire.

Building evacuated

Neil Lennon, Trish Godman and the late Paul McBride were all sent suspect packages

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Appendix 3

Mr McBride was known to have represented Mr Lennon and Celtic.

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.

McKenzie told police he had learned how to make a hoax bomb by watching the 1980s TV show The A-Team.

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”.

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

A-Team claim

that charge was thrown out due to insufficient evidence.

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 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”.

Muirhead was cleared of this charge after the jury returned a not proven verdict.

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Appendix 3

� University students Gregg Miller and Neil MacLeod were fined a total of £900 after Mr Lennon was attacked in September 2003 in Glasgow’s west-end.

� Car salesman Thomas Ferrie was then fined £500 in April 2004 for road rage after chasing Mr Lennon along the M8 and yelling abuse.

� 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.

� Stephen Birrell was locked up for eight months last October for posting comments on a Facebook page called “Neil Lennon should be banned”.

� Robert Rollie was spared jail that month after he wrote threatening

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.

Offences against Neil Lennon since 2000

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Them and Us

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

Acnowledgements