A controversial topic is causing a stir in England and Wales: children are being investigated by the police for insults!
A scandal that shocks the nation! Last month, a British journalist reported that police showed up at her doorstep in Essex to question her over a piece she had published on X a year ago about Pakistan's former prime minister, Imran Khan.
On November 12, Allison Pearson, a columnist for the right-wing newspaper The Daily Telegraph, made headlines when she revealed that she was being investigated for a “non-crime hate crime” (NCHI). However, police rejected the claim and said she was being investigated for a possible crime of inciting racial hatred. But just a few days later the investigation was closed.
Whether it is an NCHI or a potential crime, the controversies surrounding Pearson's experience have reignited discussion about this controversial practice of recording NCHIs.
What are “non-criminal hate incidents”?
The Police, Crime, Law Enforcement and Courts Act 2022 defines an NCHI as an act that is “apparently motivated by deliberate hostility or prejudice towards people with a particular characteristic”. These characteristics may include race, religion, sexuality, disability or gender identity.
West Yorkshire Police list examples of NCHIs including verbal or online harassment, bullying in schools or workplaces, offensive leaflets or posters and dumping of rubbish outside homes. Since June 2023, police in England and Wales have been legally required to collect reports of NCHIs.
Scotland introduced its own hate crime law in April 2024, which also mentions NCHIs. Here, police have discretion over how to investigate and record reports of hate crimes or incidents.
The controversies surrounding NCHIs
Opinions about NCHIs' records are divided. Critics argue that this practice restricts freedom of expression, hinders police work and targets people who should not be on police lists. A Times report revealed that a nine-year-old boy who called a classmate a “retard” and two students who called another student “fishy” were recorded as NCHIs.
Complaints about NCHIs have increased recently. According to data from 45 of the 48 police forces in the UK, 13,200 complaints were recorded last year. Experts estimate that more than 60,000 police hours per year are spent processing NCHIs.
Nick Herbert, chairman of the College of Policing, recently spoke out, describing NCHIs' recordings as an “obstacle” to police who should focus on preventing harm.
On the other hand, there are voices that emphasize the need to monitor NCHIs as they could indicate hateful behavior that can turn into criminal behavior. Danny Stone, chief executive of the Antisemitism Policy Trust, argued that reporting on hate incidents had a positive impact on police and communities.
One example Stone cites is the tragic case of Fiona Pilkington, who took her own life after years of bullying. Despite multiple police contacts, no intervention was made.
The debate surrounding NCHIs is becoming increasingly heated. While some argue for its abolition, others see it as a necessary tool in the fight against hate crimes. The future of this controversial practice remains uncertain.
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