Police forces across Britain are embroiled in a growing controversy over their practice of recording 'non-crime hate incidents' - where no criminal offence has occurred but where someone perceives 'hostility' based on protected characteristics.
What Are Non-Crime Hate Incidents?
These records are created when someone feels they've experienced hostility related to race, religion, sexual orientation, disability or transgender identity, even when no laws have been broken. The incidents remain on police databases and can appear in enhanced criminal record checks.
The Chilling Effect on Free Speech
Critics argue this practice creates a 'chilling effect' on free expression and represents police overreach into cultural debates. Former Home Secretary Suella Braverman previously warned that recording non-crimes could 'destroy public confidence' in policing.
Legal Challenges and Policy Changes
The policy faced significant legal scrutiny after Harry Miller, a former police officer, successfully challenged the recording of a 'non-crime hate incident' against him. The Court of Appeal ruled that the original guidance unlawfully interfered with freedom of expression.
Following this ruling, the College of Policing introduced new guidelines requiring that such recordings must be 'necessary and proportionate' and consider the impact on the person being recorded.
Ongoing Concerns and Regional Variations
Despite these changes, concerns persist about inconsistent application across different police forces. Some forces continue recording thousands of these incidents annually, while others have significantly reduced their numbers following the legal challenges.
The debate highlights the delicate balance police must strike between protecting communities from genuine hate crimes and avoiding unnecessary intrusion into lawful speech and expression.
