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Non-crime hate incidents (NCHI) in the United Kingdom refer to records kept by the police about actions or speech perceived to demonstrate hostility towards a person's protected characteristics, such as race, religion, sexual orientation, or disability. These incidents do not meet the threshold of a criminal offense. Nevertheless, these incidents are recorded in accordance with guidelines from the College of Policing, which define them as incidents perceived by the victim (or any other person) to be motivated by hostility.

Overview

NCHIs were introduced as part of efforts to monitor and prevent hate crimes. They allow authorities to identify patterns of discriminatory behavior, which might later escalate to criminal offenses. The system also aims to offer reassurance to communities targeted by such behaviors. Police are required to record these incidents even when no crime has been committed, as long as they align with the perception-based criteria outlined by the College of Policing. The College of Policing first initiated NCHIs in 2014, advising police forces to begin keeping records of the incidents. The subjective nature of the NCHI complaint has led to incidents such as the playing of Bob Marley music. a Snapchat between schoolgirls, and the hanging of soiled underpants on a washing line to be recorded as NCHIs.

The guidelines for recording NCHIs were challenged in a landmark case in 2021, when the Court of Appeal ruled that their implementation must balance public safety with the protection of individual freedoms. The court found that the guidelines could have a "chilling effect" on free speech, requiring amendments to ensure proportionality in the reporting process.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". As a result, the guidance now states that freedom of speech should be prioritised where possible and that non-crime hate incidents should not be recorded where they are "trivial, irrational or malicious, or where there is no basis to conclude that an incident was motivated by hostility." The judgment led to updates in the College of Policing's guidance, which now emphasizes a stricter interpretation of what constitutes hostility and a need for evidence-based recording.

References

1. Harry Miller: Legal victory after alleged transphobic tweets. BBC News. December 21, 2021. Accessed 30 December 2024.
2. An inspection into activism and impartiality in policing. hmicfrs.justiceinspectorates.gov.uk. 10 September 2024. Accessed 30 Dec 2024.
3. Non-Crime Hate Incidents: Code of Practice on the Recording and Retention of Personal Data (accessible). www.gov.uk. 3 June 2023. Accessed 30 Dec 2024.
4. Margaret Davis. Non-crime hate incidents ‘must be investigated to detect precursors to violence’. The Independent. 19 November 2024. Accessed 30 Dec 2024.
5. Between speech and safety: The policing of prejudice and the UK's approach to the 'non-crime hate incidents' dilemma. www.mishcon.com. 21 November 2024. Accessed 30 Dec 2024.
6. Responding to hate. College of Policing. First published 20 October 2020. Updated 13 October 2023. Accessed 30 Dec 2024.
7. "Major investigation and public protection: Responding to hate". College of Policing. 20 October 2020. Retrieved 5 February 2022.
8. Tim Sigsworth. Non-crime hate incident recorded after neighbour played Bob Marley songs. The Telegraph. 27 Nov 2024. Accessed 30 Dec 2024.
9. Tim Sigsworth. Schoolgirls’ Snapchat argument logged as non-crime hate incident. The Telegraph. 26 Dec 2024. Accessed 30 Dec 2024.
10. Tim Sigsworth. Dirty pants on washing line recorded as non-crime hate incident by police. The Telegraph. 23 Nov 2024. Accessed 30 Dec 2024.
11. "Harry Miller: Legal victory after alleged transphobic tweets". BBC News. 2021-12-20. Retrieved 2021-12-21.
12. "Recording non-crime hate incidents – have your say". College of Policing. 28 March 2023.
13. Court rules on non-crime hate incidents and free speech. The Independent. September 21, 2021.
14. Times Online on non-crime hate incidents. The Times. February 4, 2022.

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