Non Crime Hate Incidents: Private Language or Reasonable Foreseeability?

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Abstract

Examines the policing of non-crime hate incidents (NHCI), via the development of the Hate Crime Operational Guidance 2014 which authorised NHCI recording. Refers to R. (on the application of Miller) v College of Policing (CA) on whether the recording of an NCHI could amount to a violation of freedom of expression. Questions whether perception-based recording allows the police to dictate the meaning of a hate incident. Outlines the changes to NHCI recording following the coming into force of the College of Policing's "Code of Practice on the Recording and Retention of Personal Data" in June 2023.
Original languageEnglish
Pages (from-to)26-42
Number of pages14
JournalCriminal Law Review
Issue number1
Publication statusPublished - 6 Dec 2023

Keywords

  • non-crime hate incidents
  • discretion
  • foreseeability
  • freedom of expression
  • policing
  • hate crime

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