Hate Crime Operational Guidance
Dear College of Policing Limited,
I would like the past, current and proposed official guidance regarding the recording of "hate" incidents which are not crimes.
I would like all information relating to how the guidance came into being, for example research, consultations, legal advice etc. The names of the authors and their prof. qualifications.
Yours faithfully,
Edward Williams
Good morning Mr Williams,
I can confirm that your request under the Freedom of Information Act 2000 has been received, and allocated to a member of the team.
We will aim to respond within 20 working days of receipt, which was yesterday.
If you have any further questions in the meantime, please do not hesitate to get in touch.
Kind regards,
Kate.
Dear Edward Williams,
Please see attached for our response to your request for information.
Kind Regards,
Legal Services
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J Roberts left an annotation ()
College of Policing
21 July 2022
'Guidance on non-crime hate incidents has been updated in response to a legal ruling'
https://www.college.police.uk/article/pr...
Miller v The College of Policing
'117. The position in the round can therefore can be encapsulated as follows. The net for non-crime hate speech is an exceptionally wide one which is designed to capture speech which is perceived to be motivated by hostility against one of the protected strands, regardless of whether there is evidence that the speech is motivated by such hostility. The volume of non-crime hate incidents is enormous, and the police do not have the resources or the capacity to investigate all the complaints that are made. It is reasonable to suppose therefore that most will remain uninvestigated. There is in any event very little that can be filtered out of that net, subject to specified limited exceptions. In particular, there is nothing in the Guidance about excluding irrational complaints, including those where there is no evidence of hostility, and little, if anything to address the chilling effect which this may have on the legitimate exercise of freedom to expression. Even so, where the perception of the complainant is that speech is motivated by hostility towards one of the protected strands, the Guidance says it must be categorised as a non-crime hate incident; and the language used (of a non-crime hate incident and a victim) is capable of unfairly stigmatising those against whom such a complaint is made. There is no provision for proportionality to be applied to recording. And the Guidance says nothing about the language to be used in any such record, or whether someone should be notified that a record, flagged as a hate incident has been made of a complaint against them, leaving such issues to individual forces to decide.'
https://www.bailii.org/ew/cases/EWCA/Civ...
Wiki
'In 2014, the college advised police forces to record all 'non-crime hate incidents' - incidents that are perceived to be motivated by hostility but are not criminal offences.
In December 2021, the Court of Appeal ruled that this guidance was unlawful and constituted a "chilling effect ... on the legitimate exercise of freedom of expression".'
https://en.wikipedia.org/wiki/College_of...