The controversy over the recording of non-crime hate incidents (NCHIs) in the UK has been reignited by recent events involving public figures. Journalist Allison Pearson claimed police visited her Essex home regarding a year-old social media post allegedly related to Pakistan’s former Prime Minister Imran Khan. Although initially thought to involve an NCHI, the police clarified they were investigating a potential criminal offense of inciting racial hatred. The investigation was later dropped. This incident has drawn attention to the contentious practice of recording NCHIs and their implications for free speech and police priorities.
NCHIs are defined under the Police, Crime, Sentencing, and Courts Act 2022 as actions motivated by hostility or prejudice against protected characteristics like race, religion, or sexuality, even when no crime has occurred. Examples include verbal harassment or online bullying. Since June 2023, police in England and Wales have been required to record NCHIs, with Scotland implementing its own regulations in 2024. Critics argue the practice wastes police resources, infringes on free speech, and leads to unnecessary scrutiny of minor incidents, such as children’s misbehavior in schools.
Controversy Surrounds Recording of Non-Crime Hate Incidents in UK Amid Concerns Over Free Speech
Proponents of NCHIs assert their importance in identifying and preventing hateful behaviors that could escalate into criminal acts. They cite cases like Fiona Pilkington’s tragic death after years of harassment, which went unaddressed despite repeated police complaints. Advocates claim NCHIs provide valuable insights into community tensions and potential risks, helping authorities act proactively to maintain social cohesion and prevent harm.
The debate has also seen notable cases of individuals investigated for NCHIs. Former police officer Harry Miller successfully challenged an investigation into his gender-critical social media posts, which were ruled to fall within free speech protections. Similarly, Pearson and others have faced scrutiny for social media posts, raising questions about the balance between monitoring hate incidents and protecting individual freedoms. Critics argue such cases reflect overreach and misapplication of the rules.
Calls to reform or abolish the recording of NCHIs are gaining traction. Nick Herbert, chairman of the College of Policing, described the practice as an impediment to effective policing, while the Policy Exchange think tank criticized it as a distraction from public safety priorities. Former Secretary of State Suella Braverman and the Free Speech Union have also spoken against NCHIs, citing concerns about restrictions on free expression and the chilling effect on public discourse.
Despite criticism, others argue for retaining NCHIs with clearer guidance to ensure their application aligns with public interests. Labour’s Yvette Cooper has suggested reversing recent limitations to better monitor hate incidents, particularly those involving anti-Semitism and Islamophobia. As the debate continues, the UK faces challenges in balancing the protection of free speech with the need to address hate and promote community safety.
