The Scottish Conservatives have announced plans to order Police Scotland to immediately cease its controversial policy of recording 'non-crime hate incidents' (NCHIs) if they win power in Holyrood. This manifesto pledge comes amid growing criticism that the practice wastes valuable police time on everyday disputes and online arguments while potentially undermining freedom of expression.
Controversial Policy Under Fire
Police Scotland currently defines NCHIs as any incident perceived by a victim or any other person to be motivated either entirely or partly by malice and ill will toward someone with protected characteristics such as race, gender, or disability. However, critics argue this approach has led to officers investigating matters where no actual crime has occurred.
According to figures published by 1919 magazine, there were 1,334 NCHIs recorded in Scotland during 2023 alone, with more than three incidents still being logged daily as recently as April 2024. The Scottish Conservatives claim this practice 'risks undermining freedom of speech and diverts officers away from tackling real crime.'
Murdo Fraser's Personal Experience
The debate gained particular prominence after Tory candidate for Perthshire North, Murdo Fraser, became personally involved. In November 2023, while serving as a Conservative MSP for Mid Scotland and Fife, Mr. Fraser shared a newspaper column on social media that criticized the government's non-binary equality action plan.
Commenting on the shared post, Mr. Fraser stated: 'Choosing to identify as "non-binary" is as valid as choosing to identify as a cat.' Although police determined his tweet wasn't criminal, they classified it as an NCHI, acknowledging no law had been broken.
Mr. Fraser accused police of acting unlawfully by recording the incident and filed an official complaint, which was initially rejected. However, in December, Police Scotland wrote to him admitting that guidelines for issuing NCHIs were 'not applied consistently' and that his case had been treated differently 'versus reported incidents involving other prominent public figures.' The force offered an unreserved apology.
Inconsistent Application Revealed
The Police Investigations and Review Commissioner found that Police Scotland failed to rebut Mr. Fraser's claim that he had been treated differently compared to author JK Rowling and former First Minister Humza Yousaf when they made contentious statements. This inconsistency has fueled criticism of the entire NCHI system.
'I have experienced first-hand the dangers of this flawed policy and its implications for free speech,' Mr. Fraser stated last night. 'SNP ministers should be telling Police Scotland this practice must stop to avoid the risk of criminalising Scots who haven't done anything wrong.'
UK-Wide Review and Scottish Silence
The UK Government has already announced that NCHIs will be replaced with a new system designed to 'let police get on with their jobs – preventing and fighting real criminals to make communities safer.' They commissioned the College of Policing and National Police Chiefs' Council to conduct an urgent review of NCHI guidance and have accepted all their recommendations.
According to the UK Government, 'unclear guidance has led to officers being called to people's homes over insults and routine arguments.' They further stated: 'A lack of clarity around when and how NCHIs should be recorded, the rise of the digital age and social media, and inconsistent approaches between police forces have led to them no longer being fit for purpose.'
The proposed new system aims to prevent police from recording lawful free speech while ensuring reports from the public that might lead to genuine harm receive appropriate responses.
Scottish Conservatives' Position
Mr. Fraser emphasized that 'measures being taken elsewhere in the UK in relation to non-crime hate incidents don't go far enough, but in SNP-run Scotland there is complete silence on this issue.'
The Scottish Conservatives have made ending Police Scotland's recording of NCHIs a key election pledge. 'That would ensure more time is spent on policing our streets rather than people's tweets,' Mr. Fraser added. 'At a time when the police are continuing to deal with the consequences of savage SNP cuts, this can no longer take up any of their valuable time.'
The party has committed to 'make clear to Police Scotland they must end this practice' if they gain power.
Police Scotland's Response
Despite the controversy, Police Scotland has previously indicated it will continue with its current policy. A Police Scotland spokesman stated: 'We have a duty to prevent as well as detect crime as part of our work to improve community wellbeing, and this information can be used for monitoring of community tensions and forward planning.'
The spokesman added: 'We are aware of the review into NCHIs by the National Police Chiefs' Council and the College of Policing, and will assess their findings and recommendations.'
The National Police Chiefs' Council and College of Policing are currently carrying out their review into NCHIs across the UK, with findings expected to influence policing practices nationwide.
