Police should stop logging non-crime hate incidents, watchdog says

According to police, non-crime hate incidents should no longer be recorded. Sir Andy Cooke, His Majesty's Chief Inspector of Constabulary, stated that new legislation places police in an "invidious situation" where "discretion and common sense" are not always present.

"I think we should isolate the offensive from the criminal," he said.

Sir Mark Rowley, the Chief of the Metropolitan Police, agreed with Sir Andy's sentiment in an interview with BBC Radio 4's Today programme. He highlighted the "limited" degree of discretion available to officers when policing this area, adding, "We need more flexibility."

The remarks were part of a broader discussion on the policing of comments made on social media, triggered by recent high-profile events. Sir Mark echoed calls made last week for the government to "change or clarify" the law following the detention of Father Ted co-creator Graham Linehan in connection with messages on X (formerly Twitter). Sir Mark defended the police involved but conceded, "maybe some things should have been done differently."

Linehan was arrested on suspicion of a criminal offence of inciting violence, and police were not attempting to record a non-crime hate incident. When asked by reporters about the detention, Sir Andy Cooke said:

"Is it a great public optic? No, it wasn't. Do I have a specific criticism of the officers who were there? No, I don't."

He added, "Lessons, I'm sure, will be learned about it, but it does make the police's job more difficult when these situations occur."

Non-Crime Hate Incidents

Sir Andy also addressed non-crime hate incidents, saying they are "no longer needed." Non-crime hate incidents are suspected of encouraging bigotry or ill-will against people with specific characteristics, such as race or gender. According to Home Office guidance, they are encouraged to collect data on "hate cases that could escalate to more serious consequences" even if they are not a criminal offence. Police guidance on the recording of NCHIs was first issued in 2005 following recommendations from an inquiry into the murder of Stephen Lawrence.

Speaking to journalists ahead of the annual State of Policing in England and Wales review, which was released on Wednesday, Sir Andy said:

"I'm a firm believer [that] intelligence can be collected in a different way, which will cause less anxiety to the public and makes reporting of such incidents much simpler for policing."

"We need, at times, to encourage people to talk openly without fear that their opinion would lead them to the wrong side of the court," he said. He emphasised that the job of the police is to deal with "criminality across the board," which can often involve dealing with issues that arise online.

"It can be a fine line," said the police chief, adding that this is one reason to reconsider the policy and the legislation surrounding it, as it "places the police in an embarrassing situation, and discretion and common sense don't always win in these situations."

In April, the Conservatives called for the recording of such incidents to be scrapped in all but a few cases. The government's then-Policing Minister, Diana Johnson, said the scheme was "unworkable" and "would prevent the police from monitoring serious antisemitism and other racial incidents." The College of Policing, which sets standards and guidelines for policing, has been conducting a review to see if the new approach to non-crime hate incidents is "fit for purpose."

Backlash and Broader Implications

Last week, Linehan's arrest sparked a backlash, with public figures and politicians weighing in. It reignited the debate surrounding policing comments made on social media. Linehan has since stated he does not regret any of his posts and said he was considering suing the police "for unlawful arrest and false imprisonment."

Sir Mark expressed concern over the "concern triggered by such incidents," given the differing views on the balance between free expression and the dangers of inciting violence in the real world. "The policies that lead to these decisions are incorrect," he said. "We need to rewrite those rules in order to give officers more freedom to make different decisions in these situations."

Last year, a similar debate was sparked by a police visit to Daily Telegraph columnist Allison Pearson, who had posted a social media comment. She claimed at the time that she had been warned by police that the investigation was linked to a non-crime hate crime. At the time, there was much online criticism. Essex Police later said that "at no time" did its officers inform her that the investigation was linked to a non-crime hate incident. The NPCC has since found that the force "acted responsibly."

The annual State of Policing report was released on Wednesday, with the chief inspector stating that this is a "once in a lifetime chance" to begin the reforms that policing needs. "If it's not properly funded from the start, it would be a missed opportunity," he said.