A new Code of Practice for UK Police came into effect Saturday that will ensure officers document hate incidents that do not constitute crimes only when absolutely necessary.
The new law introduces a threshold whereby, once reached, police must record the personal information of someone for a non-crime hate incident.
The new code of practice aims to safeguard the right to freedom of expression, protect individuals’ personal data and ensure that non-criminal hate instances are not recorded if there is no intention to cause harm or, as the Code states, the act is not ‘intentionally hostile’.
In accordance s61(1) of the Police, Crime, Sentencing and Courts Act 2022, this code of practice was laid before Parliament by the Secretary of State on March 13, approved by the House of Commons on April 25, and subsequently approved by the House of Lords on May 3. The code of practice came into force at midnight on June 3.
The Code of Practice comes with the addition of a threshold test, clarifying when data should be included in disclosing a Non-Crime Hate Incident, which should only be disclosed under two conditions:
- The hate introduces a significant risk of harm to a particular group; or
- The hate may provoke a future offence against a particular group.
This all comes as trust in British policing comes under increasing strain, with many forces across London placed into special measures during 2022, and fresh warnings this week from the Metropolitan police that it will stop responding to many mental health-related emergency calls within three months, which has sparked serious concern among campaigners.
