Non-crime hate incidents: draft code of practice
This code will provide guidance to the police about the recording of non-crime hate incidents and relevant personal data.
Applies to England and Wales
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This page covers the draft Non-Crime Hate Incidents Code of Practice on the Recording and Retention of Personal Data, as provided for in the Police, Crime, Sentencing and Courts Act 2022.
This statutory draft code of practice, once in effect, will provide guidance to the police in England and Wales relating to non-crime hate incident (NCHI) recording. It sets out the common-sense and proportionate approach that should be adopted by the police.
The code:
- includes guidance relating to whether and how the personal data of an individual who is the subject of an NCHI report should be processed as part of an NCHI record
- provides detailed information on the right to freedom of expression, and clear case studies to illustrate how this right should be taken into account in the context of NCHI recording
- clarifies that debate, humour, satire and personally-held views which are lawfully expressed are not, by themselves, grounds for the recording of an NCHI
- sets out that a non-crime hate incident should not be recorded if the report is deemed by the police to be trivial, irrational, malicious, or if there is no basis to conclude that it was motivated by intentional hostility
The code also introduces the additional threshold test, which clarifies that personal data should only be included in an NCHI record if the event presents a real risk:
- of significant harm to individuals or groups with a particular characteristic or characteristics
- that a future criminal offence may be committed against individuals or groups with a particular characteristic or characteristics
For the purposes of the code, a ‘particular characteristic’ means race, religion, sexual orientation, disability or transgender identity, as defined in hate crime legislation. This test will enable the police to intervene where necessary to safeguard vulnerable individuals and communities.
The code is subject to the affirmative procedure and will enter into force 31 days after it is approved by Parliament.
The College of Policing currently produce non-statutory authorised professional practice (APP) guidance on NCHI recording. Once the code is approved, the College’s APP will be updated to align with the content of the code.
Last updated 16 March 2023 + show all updates
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Added accessible versions of the statutory guidance, explanatory memorandum and economic note.
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First published.