College of Policing: Hate Crime

(asked on 5th January 2022) - View Source

Question to the Home Office:

To ask Her Majesty's Government, further to the Court of Appeal ruling that the College of Policing guidance on non-crime hate incidents was unlawful, what plans they have to suspend any guidance issued by the College of Policing.


Answered by
Baroness Williams of Trafford Portrait
Baroness Williams of Trafford
Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
This question was answered on 19th January 2022

The Government recognises the concern surrounding the recording of non-crime hate incidents (NCHIs). We have also noted the recent Court of Appeal judgment in the Harry Miller v College of Policing case that was handed down on 20 December 2021. The Court found that the recording of NCHIs is lawful provided that there are robust safeguards in place so that the interference with freedom of expression is proportionate.

Accordingly, we have tabled amendments to the Police, Crime, Sentencing and Courts Bill to ensure that the recording of NCHIs is governed by a Code of Practice that is subject to Parliamentary approval. The content of the Code will be drafted in due course, and will make the processes surrounding the recording and retention of NCHI data more transparent and subject to stronger safeguards.

The College of Policing will also reflect on the Court of Appeal’s judgment carefully and make any changes that are necessary to its existing guidance which will remain in force in the interim period before the new Code enters into effect.

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