Minister for Fire and Police (): My Rt Hon Friend, the Home
Secretary, has today laid before Parliament the statutory
Non-Crime Hate Incidents Draft Code of Practice on the Recording
and Retention of Personal Data, which police officers and staff
must have regard to. This code is being laid under the provisions
of sections 60 and 61 of the Police, Crime, Sentencing and Courts
Act 2022. The Government is introducing this code to establish a
proportionate and common-sense approach to the recording of
non-crime hate incidents. This approach should better protect
personal data, emphasise the importance of the right to freedom
of expression, and reduce the number of unnecessary non-crime
hate incidents that are recorded whilst still ensuring that
vulnerable individuals, groups and communities continue to be
safeguarded by the police.
This Government fully recognises the sensitivities surrounding
the recording of non-crime hate incidents by the police,
particularly in relation to concerns that this process infringes
on the right to freedom of expression. We know there are concerns
that individuals who express lawfully-held views are at risk of
becoming the subject of a non-crime hate incident report if their
views are considered to be offensive, and that in turn, this may
result in their personal data being stored on a policing record.
This Government is clear that this should never be the case. The
code makes it clear that offending someone is not, in and of
itself, a criminal offence, nor does it warrant a non-crime hate
incident being recorded. This aligns with this Government’s
stance that everyone in this country, no matter who they are or
what their views are, should be able to engage in lawful debate
without police interference.
The code emphasises the importance of free speech with case
studies that are designed to assist the police in considering how
the right to freedom of expression should be taken into
consideration. The code clarifies that debate, humour, satire and
personally-held views which are lawfully expressed are not, by
themselves, grounds for the recording of a non-crime hate
incident. Furthermore, the code sets out that a non-crime hate
incident should not be recorded if the report is deemed by the
police to be trivial, irrational, malicious, or if there is no
basis to conclude that it was motivated by intentional hostility.
The code provides new personal data-related safeguards, setting
out that the personal data of some who is the subject of an NCHI
report should only be included in a record if the incident poses
a real risk (a) of significant harm to individuals or groups with
a protected characteristic, or (b) that a future criminal offence
may be committed against individuals or groups with a protected
characteristic. For the purposes of the code, protected
characteristics are considered to be race, religion, sexual
orientation, disability and transgender identity. If this new
threshold is not met, personal data should not be recorded, and
any personal data previously noted by the police in relation to
the incident (for instance, personal information recorded by the
initial call-taker) should be deleted. This code therefore
ensures that non-crime hate incidents, and relevant personal
data, will only be recorded when absolutely necessary. We believe
this will increase transparency and public trust in this process.
The Government fully recognises the importance of ensuring that
vulnerable individuals, groups and communities continue to be
protected by the police; indeed, this is the purpose of non-crime
hate incident recording. We are confident that the code does
precisely this. We are grateful for the advice provided by the
National Police Chiefs’ Council, College of Policing and senior
police officers during the process of drafting this code. This
has allowed us to publish a code that strikes the right balance
between respecting the operational importance of this type of
recording for the police, whilst improving safeguards for free
speech. If someone is targeted because of hostility or prejudice
towards their race, religion, sexual orientation, disability or
transgender identity, and the criteria in the code are met, the
incident can and should be recorded as a non-crime hate incident.
This approach will enable the police to intervene as appropriate
in order to prevent significant harm or future criminal offences
from materialising, whilst ensuring the right to freedom of
expression is protected.
Non-Crime Hate Incidents: Draft
Code of Practice on the Recording and Retention of Personal
Data
Explanatory memorandum to
Non-Crime Hate Incidents: Draft Code of Practice on the Recording
and Retention of Personal Data
Economic note: Non-Crime Hate
Incidents Code of Practice on the Recording and Retention of
Personal Data
