A Non-Crime Hate Incident (NCHI) in the UK refers to any incident where an individual or group perceives that they have been subjected to hostility or prejudice based on race, religion, sexual orientation, disability, or transgender identity, even if no criminal activity has taken place. Here are key points about NCHIs:
- Definition: It is defined as any non-crime incident which is perceived by the victim or any other person to be motivated by hostility or prejudice. This perception does not require evidence or justification from the victim regarding the hostility.
- Purpose: NCHIs are recorded by the police to monitor community tensions, potential risks of escalation into more serious incidents or crimes, and to provide data for understanding patterns of prejudice or hostility.
- Recording Criteria: Not all perceived hate incidents are recorded as NCHIs. There are specific criteria:
- The incident must disturb an individual’s, group’s, or community’s quality of life or cause concern.
- The incident must meet an additional threshold if personal data is to be recorded, indicating a real risk of significant harm or future criminal offence against individuals or groups with the same characteristic.
- Legal Implications: While NCHIs do not result in criminal charges, they can appear in enhanced Disclosure and Barring Service (DBS) checks, which might affect employment opportunities, especially in sectors requiring such checks.
- Freedom of Speech: Recent guidance and legal reviews have emphasized balancing the recording of NCHIs with the protection of free speech, ensuring that trivial, irrational, or malicious reports do not lead to the recording of personal data unless necessary. The Free Speech Union published An Orwellian Society: Non-Crime Hate Incidents and the policing of speech.
- Public and Legal Scrutiny: There has been scrutiny over NCHIs, with concerns that they might infringe on free speech or be used maliciously. Changes in guidance now aim for a more proportionate approach where NCHIs are only recorded when deemed absolutely necessary and not merely based on someone being offended.
The Home Office published Statutory guidance – Non-Crime Hate Incidents: Code of Practice on the Recording and Retention of Personal Data (accessible)
Allison Pearson, an award-winning writer, is being investigated by Essex Police for allegedly stirring up racial hatred in a social media post last November.
The scale of the investigation has now become clear, with officers from the Metropolitan Police, Sussex Police and Essex Police all having handled the complaint over the past year.
The Telegraph understands that the post was reported to the Metropolitan Police as a potential breach of the Malicious Communications Act in November last year. The case was then passed to Sussex Police, which marked it as a possible non-crime hate incident (NCHI) as well as a potential malicious communication.
Sussex Police passed it to Essex, where Pearson lives.
The Telegraph – Non-Crime Hate Incident (NCHI) or Stirring Up Racial Hatred ?
Essex Police sets up ‘gold group’ normally reserved for major crimes to lead Allison Pearson probe
It should be noted that Article 10 of the Human Rights Act 1998 gives the right to freedom of expression.
The Public Order Act 1986, Part III defines Racial Hatred. What is Christophobia ? What is Islamophobia ?
The BlackBelt Barrister published a video Police Will come for YOU Next which examines the right to Free Speech.
“Free speech encompasses the right to offend, and indeed to abuse another.” Para 43 Scottow v CPS [2020] EWHC 3421 (Admin)
Incidents such as the Allison Pearson tweet are supposed to be part of a broader effort to address and monitor hate-related issues in society without necessarily involving criminal law and sanctions. They can still have implications for the individuals involved due to the recording of such incidents by the police.
Check out our related articles on What is what is Sub Judice ?, What is a Cover Up ?, Rule of Law, Open Justice, Policing by Consent, Innocent until Proven Guilty, R v Sussex Justices and the highly questionable Sussex Family Justice Board.
The Ministry of Injustice is not the Ministry of Justice nor is it affiliated in any way with the justice system, legal profession or any law enforcement agencies.
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What is a Non-Crime Hate Incident (NCHI) ? was last updated on the 13th December 2024
