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What is a Non-Crime Hate Incident (NCHI) ?

Non-Crime Hate Incident

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 ?
Non Crime Hate Incident Headlines – The Telegraph

Essex Police sets up ‘gold group’ normally reserved for major crimes to lead Allison Pearson probe

Keir Starmer says police should focus on ‘what matters most’ – amid growing anger over police investigation into Allison Pearson’s tweet

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)

Attack on Free Speech ? Black Belt Barrister

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 articles on Policing by Consent, Are the Police for Hire ?, Police Impartiality, Police Surveillance, Police Professional Standards, Independent Office for Police Conduct (IOPC), Police Public Confidence and Engagement, Crime Reporting, What is a Police and Crime Commissioner ?, Sussex Police, Policing, Police News, Two Tiered Policing, Thought Police, Wasting Police Time, Police Community Support Officers (PCSO), Met Police, Free Speech Union, 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, police or any other law enforcement agencies.

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You should always seek formal legal advice from a qualified and reputable lawyer (solicitor or barrister).

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[post_title] was last updated on the 23rd June 2026

By Dom Watts

Dom Watts founded the Ministry of Injustice in July 2021. Dom is an IT Professional with 30+ years experience in Tier 1 Banking, Government, Defence, Healthcare and Global Blue Chips. Dom has no legal training and is not a lawyer but has previously consulted for a Magic Circle Law Firm. You can find Dom on X or Google.

Dom Watts publishes the Ministry of Injustice as a citizen journalist. The journalism exemption is detailed in the Data protection and journalism code of practice published by the ICO and Section 124 of the Data Protection Act 2018.

Section 2 of the Defamation Act 2013 sets out the defence of truth. Section 3 of the Defamation Act 2013 sets out the defence of honest opinion. Section 4 of the Defamation Act 2013 sets out the defence of public interest. Section 8 of the Defamation Act 2013 sets out the single publication rule.

Section 4a of The Limitation Act 1980 defines the time limit for actions for defamation or malicious falsehood as one year from the date on which the cause of action accrued.

Article 10 of the Human Rights Act 1998 gives the right to freedom of expression. "This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers."

"Free speech encompasses the right to offend, and indeed to abuse another." - Para 43 Scottow v CPS [2020] EWHC 3421 (Admin)

"Free speech is a fundamental common law right" - Para 21 R v Shayler [2002] UKHL 11 [2003] 1 AC 247 per Lord Bingham and Para 42 Phillips -v- Secretary of State for Foreign, Commonwealth and Development Affairs [2024] EWHC 32 (Admin)

Dom is a member of The Free Speech Union

“A key issue here is the need to distinguish between conduct which, however objectionable, does not justify invoking the criminal law and conduct which crosses the line and results in criminal liability" - Para 31 R v O’Neill [2016] EWCA Crim 92 [2016]

“Harassment is generally understood to involve improper oppressive and unreasonable conduct that is targeted at an individual and calculated to produce alarm and distress” - Para 38 R v O’Neill [2016] EWCA Crim 92 [2016]

"The behaviour said to amount to harassment must reach a level of seriousness passing beyond irritations, annoyances....The gravity of the misconduct must be of an order which would sustain criminal liability" - Paras [40-44] Hayden v Dickenson [2020] EWHC 3291 (QB)

"If you tell the truth, you don't have to remember anything"

In 2002 Dom Watts was an unlikely consumer champion. The dad of three from Croydon took on the power and might of Kodak – and won...Dom on BBC Working Lunch

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