Police Scotland is reconsidering its approach to recording trivial non-crime hate incidents after logging nearly 3,800 such cases in a year, more than the number of actual hate crimes recorded in the same period. The force is reviewing new guidelines from the UK College of Policing that advise against recording frivolous cases where no crime has occurred.
The latest performance report shows 3,773 non-crime hate incidents were recorded between October 2022 and September 2023, compared with 3,248 hate crimes. The guidance emphasises that being offended does not alone qualify an incident for logging and that freedom of speech should be prioritised, with those engaging in debate not stigmatised simply because someone is offended.
Critics have long argued that tracking non-crime hate incidents has a chilling effect on free speech. Campaign group Index on Censorship claimed it was 'stifling robust debate'. Scottish Conservative deputy justice spokesman Sharon Dowey welcomed the potential change, saying: 'Given the huge pressures on police budgets due to brutal SNP cuts, this is a welcome step in the right direction. The public expect officers to be focused on fighting crime in their communities, rather than resources being diverted towards recording incidents which are not crimes by the police's own admission.'
Helen Joyce, director of advocacy at Sex Matters, said a 'more sensible' approach would be welcome, particularly for Police Scotland, which she described as 'among the more extreme forces when it comes to the targeting of gender-critical women'. The new guidance advises officers to look for a common-sense reason not to record an incident if the complaint is trivial, irrational, or malicious.
Police Scotland defended its current practice, with a spokesman stating: 'Recording of non-crime hate incidents has been in place for many years. There are many matters which are not crimes which police deal with. We have a duty to prevent, as well as detect crime and also to work to improve community wellbeing. The recording of such matters is in line with that duty.' The force faced embarrassment in 2021 after urging the public to report sightings of stickers bearing the phrase 'women won't wheesht' in Kirkcaldy, Fife.
