For example The Scottish Office undertook a wide consultation on racist crime in 1997. Here many respondents argued that there were advantages in highlighting the particular nature of the crime to ensure it was readily recognised and dealt with. The resulting offence of racially aggravated harassment was introduced in the Crime and Disorder Act 1998 and carries a maximum sentence of 6 months imprisonment on summary conviction or seven years on conviction on indictment. The Act also introduced a requirement for courts to take account of any established racial motivation in any offence as an aggravation when determining the appropriate offence. It is too early to assess how effective these provisions have been.
Vandalism is of course a much narrower offence.
Malicious mischief does not require physical damage to have occurred. However, the case for creating a new offence is not clear-cut. This paper has already noted the fact that the Scots common law appears to enable the court to deal with the relevant type of offending behaviour and, if appropriate, to hand down severe penaties. There is consequently a concern that a statutory offence might reduce the flexibility offered by the common law without obvious compensation. Then there is the question of defining any new statutory provision.