Policy background Non-criminal hate incidents
Non-crime hate incident (NCHI) recording is a type of police recording which stems from the murder of Stephen Lawrence and is used to collect intelligence on ‘hate incidents’ occurring in communities which could escalate into more serious harm. The Macpherson Inquiry into that murder called for Codes of Practice to create ‘a comprehensive system of reporting and recording of all racist incidents and crimes’; the recording regime has since expanded to cover all the protected characteristics covered by hate crime laws: race, religion, disability, sexual orientation and transgender identity.
	The police regard the recording of NCHIs as an essential tool to record patterns of individual behaviour or local incident ‘hotspots’ which could give rise to safeguarding risks or community tensions. The College of Policing currently publish non-statutory Authorised Professional Practice guidance on hate crime, which includes guidance on NCHIs for officers and staff and covers the procedures they should follow when responding to NCHIs. The Court of Appeal ruled, in its judgement in Miller v College of Policing provided on 20 December 2021, 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. Safeguards protecting free speech in the current guidance must be made more explicit to help police officers proportionately implement recording, to ensure lawfulness of the scheme.
	The Government recognises that there are sensitivities surrounding the recording and retention of such information by the police and also recognises the considerable strength of feeling on this issue amongst Parliamentarians in relation to the lack of democratic oversight that is afforded to the process.
	To strike the right balance between ensuring that the practice is subject to Parliamentary scrutiny, whilst respecting the operational importance of this type of recording for the police, sections 60 and 61 enable the Home Secretary to issue a statutory Code of Practice to the police about the recording and retention of personal data relating to NCHIs. The Government will work closely with policing partners, including the College of Policing and National Police Chiefs’ Council, to draft the Code to ensure that it meets operational requirements. The Code will also reflect the recent Court of Appeal judgment. The Code will subsequently need to be debated and approved by both Houses through the affirmative procedure.